Just Trying To Survive In This Crazy World

Chick Fil-A Claims Henson Toy Recall Unrelated To Same-Sex Marriage Controversy

2012-07-24T22:30:00.001-07:00

Chick Fil-A Claims Henson Toy Recall Unrelated To Same-Sex Marriage Controversy:
As you have probably already heard, the Jim Henson Company announced last Friday that it was severing ties with restaurant chain Chick fil-A because its leadership has recently affirmed its stance against same-sex marriage. Now there is murmuring on the Internet that Chick fil-A pulled its existing inventory of Henson toys from stores, claiming an unrelated safety recall.
A photo taken at a Chick fil-A in a Texas mall has become huge on Reddit in recent hours. For those who can't make out the above image, it reads, in part:

We apologize for any inconvenience but as of 7/19/2012 Chick-fil-A has voluntarily recalled all of the Jim Henson Creature Shop Puppet Kids Meal toys due to a possible safety issue. Please be advised that there have not been any cases in which a child has actually been injured, however there have been some reports of children getting their fingers stuck inthe holes of the puppets.

Unsure of whether or not this was legitimate, I contacted Chick fil-A HQ, which confirmed that it did issue a voluntary recall of the toys and that "the two issues are unrelated... the voluntary withdrawal happened before the Jim Henson announcement."
However, things get a bit murkier when I attempted to confirm with the Jim Henson Company, where a rep first said there was no further comment beyond the initial Facebook post, and then later simply told me to "check with Chick fil-A," which I already had.
I checked with the Consumer Product Safety Commission, which is usually the one issuing the statements regarding recalled toys. A rep at the CPSC told me that the agency has no record of any recall related to these toys. I've asked Chick fil-A for comment on why it chose not to involve the CPSC in the recall and will add any statement the company provides on the topic.
UPDATE: In spite of the language on the above sign, a rep for Chick fil-A says "This is not a recall – it is a voluntary withdrawal."

ATM skimmers that fit in the card-slot

2012-07-24T10:02:00.001-07:00

ATM skimmers that fit in the card-slot:

Police in an unidentified European nation have retrieved wafer-thin ATM skimmers that are so small that they can be fitted inside the credit-card insertion slot. Brian Krebs describes the finding:

That’s according to two recent reports from the European ATM Security Team (EAST), an organization that collects ATM fraud reports from countries in the region. In both reports, EAST said one country (it isn’t naming which) alerted them about a new form of skimming device that is thin enough to be inserted directly into the card reader slot. These devices record the data stored on the magnetic stripe on the back of the card as it is slid into a compromised ATM.

Another EAST report released this week indicates that these insert skimmers are continuing to evolve. Below are two more such devices. Insert skimmers require some secondary component to record customers entering their PINs, such as a PIN pad overlay or hidden camera.

ATM Skimmers Get Wafer Thin

ACLU’s “Police Tape” App for Android Lets You Discreetly Record and Backup Police Interactions

2012-07-05T22:35:00.001-07:00

ACLU’s “Police Tape” App for Android Lets You Discreetly Record and Backup Police Interactions:

I don’t know about you, but whenever I get pulled over by the 5-0, the first thing I do is reach for my cell phone, and open up my voice recording app. That, or I have my passenger record everything on video using their cellphone. Call me paranoid, or just plain overly cautious — I like to keep my bases covered should I end up on the hood of a cop car with a tazer up my you-know-what.
Imagine my surprise when I discovered a brand new app by the American Civil Liberties Union of New Jersey called “Police Tape” that was just uploaded to the Play Store. Using the app, an Android user can easily — and most importantly, discreetly — record police interactions using either video or audio recording. Once an option has been selected, the app will seemingly close, but actually remain open in the background, recording the entire, hopefully, peaceful interaction. Should things head south and you find your phone confiscated by the police, you wont have to worry about a crooked cop deleting the evidence. The app can back up the video, uploading it to the ACLU’s servers where it can be further analyzed for civil liberty violations at the user’s discretion.
What’s more is the app provides all kinds of useful legal information on your citizen’s rights when interacting with the police. I can’t tell you how many episodes of Cops I’ve seen where someone voluntarily agreed to a search of their car — without probable cause — only to then end up in the slammer. Now, I have much respect for our men in blue. Really, it’s a tough job, no denying that. But to say there aren’t a few overzealous cops with chips on their shoulders would be naive. Now you can protect yourself — with the power of Android.
[Google Play Store]

The 6 Ways Booze Saved the World

2012-06-28T17:47:00.001-07:00

The 6 Ways Booze Saved the World:
By Aaron Cheesman

A long, long time ago, on a planet called Earth, a tribe of thirsty nomads happened upon a mysterious nectar made from fermented vegetation. They found it really got the hunting party started, but it was also hard to come by. That’s when humankind really got its act together.
1. Alcohol started civilization and kept on rocking

Having tasted and experienced naturally occurring alcohol, man’s first attempts at agriculture–the first important step toward civilization–may have been an effort to recreate that old magic feeling.
Archaeologist Patrick McGovern found neolithic pottery shards in China with traces of tartaric acid, suggesting early man was making the beverage from grain as far back as 9,000 years ago. The process was probably initiated by chewing on wild rice, turning the starch into malt sugar.
Centuries later, Greeks continued the practice.
Early farmer/brewers would rate the resulting mash on a scale of “mildly repulsive” to “extremely revolting” and mix the best of it with honey, wild grapes and hawthorn fruit — all ingredients that could be found in their miserable surroundings.
Not only did alcohol make it easier for hunters to go talk to basket weavers, it also provided valuable calories in a commodity easier to produce, store and consume than bread. Millennia later, 20-year-old mankind still thinks that on Friday nights, a beer-only dinner will be “all good, no problem.”
Alcohol later turned out to to have other advantages, too.
2. Alcohol made humankind more creative

The world of art has had more celebrated drunks than one can count. Think Poe, Coleridge, Bukowski, Winehouse. Though alcohol may have destroyed people’s lives and livers, science indicates it also made them more creative. In a recent study published in Consciousness and Cognition, men who got moderately drunk did better on tests of inspired thinking.
Researchers divided their test subjects into two groups. One was served vodka and cranberry juice. The other group was offered a tall glass of shut the fuck up. All were then given a battery of word association questions such as “What is the common word linking arm, tar and peach?”
The study found that if you’re drinking right now, you’ve got about a 30 percent edge on guessing the correct answer (which is pit, by the way). If you’re smoking weed right now, you’ve got about a 55 percent chance of forgetting the question altogether and moving on to the surrounding pictures of boobies.
Warning: Marijuana use may also increase your chance of co-starring in the next Seth Rogan film.
The buzzed group not only solved a significantly higher number of problems, they also solved them nearly four seconds faster and reported the answers frequently “came to them” in a flash, rather than through systematic thinking. Unfortunately, this unleashing of creative capabilities does not improve math scores, dating skills or driving ability. Trust us on this one.
3. Alcohol saved innumerable lives from painful death on land and sea

The ancients called alcohol “aqua vitae,” Latin for “water of life,” because it sure as shit was safer to drink than water itself, which was actually often called “water of crippling diarrhea, followed by death.” That’s because it often carried a stunning constellation of parasites and pathogens. There were two known processes to make water safe for consumption: boiling it for tea (safe & boring) or turning it into an alcoholic beverage (safe and awesome).
In the golden age of exploration, low alcohol beer (also known as small beer) was essentially the British sailor’s Gatorade. After all, the already sketchy water supply wasn’t going to improve over months of storage in unsanitary wooden casks. They might as well have put out deck chairs for all the worms and germs to sun themselves on before ushering them into the all-you-can-eat sailor intestine buffet.
Eventually, seafarers’ fondness for small beer gave way to large Long Island iced tea.
When cholera epidemics broke out in Victorian London, those with strong survival instincts knew it was better to shun the well and hunker down in the local pub. No one knew exactly what it was about the water that made people sick, but eventually alcohol merchants would step in to fix that, too.
4. Wineries protected their investment and accidentally advanced medicine in the process

As late as 1856, wine makers didn’t know what caused perfectly good product to turn to vinegar. So one manufacturer commissioned a bright young scientist named Louis Pasteur to determine the cause. Pasteur looked closely at good wine and spoiled wine under a microscope and observed particular microbes were to blame–and that heat could kill them.
Die, microbes, die!!
Pasteur determined the exact time and temperature required to preserve the wine without changing its taste in a process he called–wait for it–Pasteurization. Years later, he would apply the same concepts to the origins of disease, leading to some of his greatest contributions to science and medicine, including vaccines for anthrax, rabies and chicken cholera.
I made you my specialty: Chicken cholera vaccine and a trough of gravel & grubs.
5. Alcohol has also saved man from starvation–on at least one occasion

One fine Sunday afternoon in December 2011, Alaska man Clifton Vial decided he’d hop in his pickup truck and explore how far north a road would take him. After about 40 miles, he got his answer.

When in doubt, ask yourself, “What Would Ice Road Truckers Do?” Then do the opposite.
Vial had gotten his truck irrevocably stuck in a snowdrift. Apparently, he also hadn’t told anyone where he was going on his one-way adventure. While this may seem an astonishing lapse of judgement to readers from the Lower 48 (and other sane regions) this approach aligns with what Alaskans call the “Frontier Total Lack of Self-preservation Spirit.” He did, however, have the presence of mind to bring beer–also a strong Alaskan trait.
While Vial waited three days for people to notice he was gone and search the most illogical route imaginable, he survived sub-zero temperatures and fought starvation by eating frozen Coors Light like tinned food.
Cold Activated Can, pretty goddamn activated.
This is, of course, the only acceptable way of ingesting Coors Light without the aid of a lawnmower and a scorching hot sun.
6. Alcohol saved the White House from total destruction

Andrew Jackson was the first truly popular President, swept into office after new election laws had tripled the number of registered voters from 365,000 to a nearly million. When it came time to swear him him in, the literally swamped capital became figuratively swamped with about 20,000 rowdy frontiersmen who wanted to personally shake Old Hickory’s hand. Immediately after a speech at the Capitol that no one could actually hear, the mob surged through street barriers and followed the president back to his pad. Jackson wasn’t in a celebratory mood–he was still mourning the recent death of his wife, but that wasn’t going to get in the way of an epic White House Par-tay.
Our “inalienable rights” originally included Life, Liberty and the Pursuit of Major Ragers.
The crowd poured into the presidential palace and immediately began trashing it. Invited guests described the scene as rife with “scrambling, fighting and romping.” Men were seen with bloody noses. Ladies fainted. Mountain men in mud-caked boots stood on upholstered chairs for a better view. So many squeezed inside that the whole building creaked and shuddered. Loyal friends of the new president formed a ring around him so he wouldn’t be crushed. At 4 P.M., Jackson escaped through a first floor window and hid out in a hotel while the party raged on.
It wasn’t until around sundown that servants figured out the perfect solution: They passed barrels of liquor and ice cream out the window in order to get the revelers out onto the lawn, where they could do less damage. It worked. Problem solved, liberty preserved. The whole affair was no skin off Jackson’s nose. He soon got Congress to approve a $50,000 budget to fix the place back up. It’s good to be the President.

Related on The Smoking Jacket:

8 Booze-baking Recipes for a Boozy Summer

On the Sauce: Cuba Libres in My Living Room

On the Sauce: Kentucky Derby Mint Juleps

FDA Says Ya Know What? High-Fructose Corn Syrup Ain't Corn Sugar

2012-05-30T20:30:00.001-07:00

FDA Says Ya Know What? High-Fructose Corn Syrup Ain't Corn Sugar:

Dealing what is surely a might blow to proponents of those in the corn industry, the Food and Drug Administration denied the Corn Refiners Association's petition today to allow for high-fructose corn syrup to be renamed "corn sugar." The FDA laid it all out in the form of a letter to the group's president, Audrae Erickson.

In the letter dated May 30, 2010 and titled "Response to Petition from Corn Refiners Association to Authorize "Corn Sugar" as an Alternate Common or Usual Name for High Fructose Corn Syrup (HFCS)" Michael Landa, Director of the Center for Food Safety and Applied Nutrition explains the reasons why the Sept. 14, 2010 petition is being denied.

We picked out some of the pertinent parts below:

As explained below, your petition does not provide sufficient grounds for the agency to authorize "corn sugar" as an alternate common or usual name for HFCS.

First, you contend consumers are confused by the name "high fructose corn syrup" and that the proposed alternate name "corn sugar" more closely reflects consumer expectations and more accurately describes the basic nature of HFCS and its characterizing properties.

This is based on consumers' perception of HFCS that it's higher in calories, fructose and sweetness than sugar, and that "corn sugar" is more accurate as to how the common folk see it, among other reasons, according to the CRA.

Too bad, says the FDA.

However, FDA's regulatory approach for the nomenclature of sugar and syrups is that sugar is a solid, dried, and crystallized food; whereas syrup is an aqueous solution or liquid food.

Then the FDA goes all chemistry, explaining different kinds of dextroses and such. Basically, that all isn't going to fly with the FDA, as corn sugar would imply that HFCS isn't what it is, which is that "aqueous solution sweetener."

Here's where our brains went a bit fuzzy with the rest of the reasoning, but it all boils down to the fact that according to the government, high-fructose corn syrup just ain't corn sugar.

Response to Petition from Corn Refiners Association to Authorize "Corn Sugar" as an Alternate Common or Usual Name for High Fructose Corn Syrup (HFCS) [FDA.gov]

Target Claims Tech Exec Created His Own Bar Codes To Buy LEGOs On The Cheap

2012-05-25T05:01:00.001-07:00

Target Claims Tech Exec Created His Own Bar Codes To Buy LEGOs On The Cheap:

You're never too old for LEGOs! But it is possible to take those beloved brightly colored building blocks to a bad place where you're resorting to crime in the pursuit of said toy. Millionaire tech executive Thomas Langenbach has been arrested for allegedly creating bar codes and using them to buy LEGOs at Target for his own special discounted price, and then selling them.

Langenbach lists himself on LinkedIn as a vice president at Palos Altos, Calif. software giant SAP Labs Integration and Certification Center, reports NBC Bay Area. He's been arrested in an the odd scheme involving the purchase of LEGO toys, after he was discovered because Target was keeping its eye on LEGO sales.

Authorities allege he'd make his own bar code stickers, switch the tags at the store and then cash out for steep discounts. The police say he was caught on Target's security camera performing the bar code switcheroo, after the store had already been watching LEGO sales.

When police searched his multi-million dollar home, cops found hundreds of boxes of LEGOs stashed away. A deeper look into Langenbach unearthed an alleged sale of around 2,100 LEGO items since last April totaling about $30,000. There were also reportedly 32 pre-made barcode stickers in Langenbach's car.

"This probably happens more often than you'd think," said Mountain View police spokeswoman Liz Wylie. "But this is the first time we've ever had a case like this," adding that LEGOs are "very popular and expensive."

She only charged him with four burglaries totaling a worth of $1,000, while investigators try to figure out which items were likely stolen and which are legitimately his.

And, lest you doubt that, NBC Bay Area notes that a similar crime occurred in 2005, when a man was arrested in connection with using switched out bar code labels on LEGO boxes at Target. Very familiar, indeed.

*Thanks for the tip, Kendrick!

VP of Palo Alto's SAP Arrested in LEGO Bar Code Scam [NBC Bay Area]

Arkansas Court Tells Ticketmaster It Is Bound By Anti-Scalping Laws

2012-05-25T04:50:00.001-07:00

Arkansas Court Tells Ticketmaster It Is Bound By Anti-Scalping Laws:

The Arkansas Supreme Court has issued a legal kick to the gut of the fee-happy folks at Ticketmaster and Live Nation, confirming that the ticket seller is bound by the same state laws that prevent scalpers from piling on fees and charging exorbitant prices.

Ticketmaster is the subject of a lawsuit brought by an Arkansas man who says the $49 in fees -- on top of the $42.75/ticket -- he paid for four tickets to a concert by country singer Jason Aldean violated the provision of the Arkansas Deceptive Trade Practices Act that forbids the sale of tickets above their face value plus reasonable credit card or handling fees.

The perennial Worst Company In America contender argued that the law is intended to regulate scalpers, and not licensed ticket sellers like Ticketmaster.

The lower court ruled last month that the Act does apply to Ticketmaster, but the matter was booted up to the state Supreme Court for confirmation. There, the panel split 4-3 against Ticketmaster's petition.

The Supreme Court's ruling, issued without comment, only confirms its position that licensed ticketing agents are bound by the Act. It does not necessarily mean that the court believes the plaintiff's claims that Ticketmaster violated the Act. The lawsuit is still pending.

Court won't reconsider Ticketmaster ruling [ArkansasNews.com]

Arkansas Supreme Court won't rehear Ticketmaster suit [AP]

Thanks to Augustus for the tip!

Why Gas Prices Are Too Damn High

2012-04-21T12:44:00.001-07:00

Why Gas Prices Are Too Damn High:

Created by: Online Bachelor Degree Programs

Stephen Hawking Is a Badass Dude

2012-04-04T01:03:00.001-07:00

Should Restaurants Be Able To Restrict Diners To Pricier Groupon Menu?

2012-03-21T20:02:00.001-07:00

Should Restaurants Be Able To Restrict Diners To Pricier Groupon Menu?:

Getting a great deal using online deal sites that issue vouchers for local businesses can be pretty sweet. But by now, many customers are finding out that there are plenty of trials and tribulations involved when it comes to redeeming deal vouchers, as businesses scramble to keep up with the onslaught coupons.

One couple relays a story of epic ridiculousness on their LiveJournal blog, after dealing with a restaurant that imposed a limited menu on its Groupon customers. While a limited menu is all well and good, actually doubling the prices for someone using a voucher is really not acceptable.

They were expecting some limitations, as avid users of online voucher programs, and decided to call ahead and make sure everything was squared up before dining. The $50 Groupon Now! voucher was for use the day after its purchase, and included a 5-course meal for a party of two for that price. Calling ahead was a good idea, as the hostess explained that there was a separate menu, with a few things excluded from the usual menu. Great! All systems go!

We go to the restaurant tonight and the first thing I tell our hostess is that we're using a Groupon. She informs us the Groupon is only for yesterday, and that it expired and can't be used today. I had to pull the original deal and the voucher up on my phone to prove to her that yes, it WAS for today, she called over the front manager who also looked at it, agreed and said fine, we could use it. Again, no biggie.

We also tell our waitress the deal with the Groupon and that we were told we had to order off a special menu. She left the regular menus with us, then hunted down the Groupon-only menus. We started perusing the regular menus just to see what they had to offer. The waitress brings back the Groupon-only menus, takes our drink orders, and leaves. The very firs thing we noticed when we started looking through the Groupon menu was that EVERYTHING, and I mean EVERYTHING, was MORE than double the price on the regular menu! So say the regular menu has pasta faggioli for $14, the Groupon menu had it priced for $32. Never mind we wouldn't have even known had the waitress not left the regular menus with us. WHAT!

Whatever, the voucher is supposed to cover the entire meal, and it's not a price thing. We confirmed this with the waitress when she came back with our drinks, and she assured us that yes, the voucher covers everything and she really didn't know why the prices were on the menu or why they were more expensive. Okay... I'm a little nervous, but I figure she knows what she's talking about.

Dinner goes great, the food was awesome, and our waitress was a sweetheart; there were maybe 2 tables besides us, so she would sit and talk with us about whatever while we waited for the next course. All in all, a really good experience, and we both agreed we'd definitely come back, Groupon or not.

And then the bill came. The front-end manager brought it out to us instead of our waitress, dropped it and said someone would be back shortly. I said something about how we had a Groupon, and he yelled back that the waitress would handle that as he was walking away. Okay.. so we open the bill, and low and behold, we're being charged DOUBLE THE PRICE OF THE REGULAR MENU for our ENTIRE meal, $156!, when it was supposed to be covered by the Groupon! Our waitress comes back and we explain the situation, and she apologized profusely and went to find the front-end manager again. It took 15 minutes for him to finally make it out front, and which point he explained that the Groupon was for $50 off of our meal, not for the entire meal. I pull up the voucher and again show him what the terms of the deal are, and he literally waves his hands like he's brushing me off and says, no, Groupon is wrong, this is what the deal is. Okay, so wait, I paid $50 for $50 in credit, and you're charging me TWICE what you would charge me if I DIDN'T have a Groupon? He says well, we have to cover our expenses, we can't just give away free food to anyone with a Groupon. Uh, yes you can, because that's what your Groupon says. And he just walks away again, no apology, no resolution, just.. whatever, you're on your own.

Our waitress comes back and asks if everything's settled, and obviously, it's not. My husband gets this bright idea that if we nix the Groupon voucher, we should hypothetically be charged the regular price for our meal ($78) and we'll just get a refund from Groupon later. The waitress, who already has bent over backwards trying to make this work for us, agrees that this makes sense, and immediately goes to fix our bill. Magically, the front-end manager suddenly appears again and is now irate that we've apparently "worked the system." My husband lied and said that the Groupon thing was a mistake - it actually did expire yesterday, so we can't even give it to you to use it, and it was our fault, sorry for causing so much trouble, we just want to pay the regular price and be gone. The waitress backed him up, said she read it herself, she tried to enter it in the computer and it came back expired, etc (god bless her). After a few minutes of back-and-forth with the manager, he finally relents that since we don't actually have a Groupon, it would be fine for us to pay "regular price" if we don't apply the Groupon to our bill and that's that. Thankfully, we had enough cash on us, so we pay our bill with cash just in case someone tries to get creative and add more charges to our card, leave the waitress a huge tip and a thank-you note for jumping in unprompted and essentially lying to her boss for us, and go out to our car to go home.

So there are multiple levels of shenanigans going on here. The couple called Groupon and got their money refunded back to their credit card, and found out there was already another complaint against the restaurant. Perhaps there should be a formal Groupon rule against raising prices for Groupon customers -- after all, it is supposed to be a deal.

Bad Service [LiveJournal]

FDA Warns About Potential For Chipped Teeth, Eye Injuries From Crest/Arm & Hammer Spinbrush

2012-02-18T14:49:00.000-08:00

FDA Warns About Potential For Chipped Teeth, Eye Injuries From Crest/Arm & Hammer Spinbrush:

If you ever looked at an Arm & Hammer Spinbrush (formerly the Crest Spinbrush) and thought "a toothbrush with all those moving parts could potentially wreak havoc if something goes wrong," the folks at the Food & Drug Administration have confirmed your concerns.

Yesterday, the FDA issued an announcement to consumers about the number of complaints from Spinbrush users who had experienced a wide variety of injuries after parts of the brush popped off while in use.

"It's important that consumers know how to avoid the risks associated with using the Spinbrush," says Shumaya Ali, M.P.H., a consumer safety officer at the Food and Drug Administration. "We've had reports in which parts of the toothbrush broke off during use and were released into the mouth with great speed, causing broken teeth and presenting a choking hazard."

Among the damage done by rogue Spinbrushes:

* chipped or broken teeth

* cuts to the mouth and gums

* swallowing and choking on broken pieces

* injury to the face and eyes

"In some cases, the brush head popped off to expose metal pieces underneath that can--and have--poked individuals in the cheek and areas near the eyes, causing injuries," explains Ali.

Even the Spinbrush for Kids models, which do not have removable brush heads, have also been linked to cut lips, burns from the batteries, and bristles falling off and lodging in a child's tonsils.

FDA is alerting the public about the potential for injury while using the following models of Spinbrush:

Spinbrush ProClean

Spinbrush ProClean Recharge

Spinbrush Pro Whitening

Spinbrush SONIC

Spinbrush SONIC Recharge

Spinbrush Swirl

Spinbrush Classic Clean

Spinbrush For Kids

Spinbrush Replacement Heads

Last year, Church & Dwight Co. Inc., which manufactures the Spinbrush, received a warning from the FDA after it was discovered that the company had not reported numerous consumer complaints about the product.

The company says it has taken steps, like creating better labels to caution consumers to change the brush head at least every three months, and new bristles that change color with wear, to improve the product.

The FDA says that before using the Spinbrush, you should inspect it for any damage or loose brush bristles. If you find any, do not use the brush. Report it to Church & Dwight, which can be reached toll-free at 1-800-352-3384 or 1-800-561-0752.

Make sure the brush head is connected tightly to the brush handle, and test the brush outside of your mouth before using. If the connection feels loose or the brush head easily detaches from the handle, do not use the brush. Report it to Church & Dwight.

Toothbrush Can Chip Teeth and Cause Choking [FDA]

Verizon Wireless Will Watch Everything You Do If You Don't Opt Out

2011-11-20T22:05:00.000-08:00

Verizon Wireless Will Watch Everything You Do If You Don't Opt Out:

Verizon Wireless is sending emails to customers this week informing them that the company will now begin storing their browsing history, location, app usage data and more, in the name of providing "more relevant" mobile ads. The company says it won't "share any information that identifies you personally," and the email includes instructions for customers who want to opt out of the tracking program.

According to the notice from Verizon, information the company will now save includes URLs of web sites visited by customers, which "may include search terms you have used," the "location of your device" and "demographic and interest categories provided to us by other companies, such as gender, age range, sports fan, frequent diner, or pet owner."

Verizon says it will use the data to, among other things, "create business and marketing reports," to allow other companies to do the same, and, of course to "make mobile ads you see more relevant."

Description: When you use your wireless device, you often see ads on websites and apps. Using certain Consumer Information (such as your Demographics, device type, and language preference) and the postal address we have for you, we will determine whether you fit within an audience an advertiser is trying to reach. This means ads you see may be more relevant to you. We will not share any information that identifies you personally.

Example: A local restaurant may want to advertise only to people who live within 10 miles, and we might help deliver that ad on a website without sharing information that identifies you personally.

Verizon announced the new policy last month. Customers can opt out by logging into Verizon's privacy site, or calling a toll-free number. And just in case you were concerned, don't worry: If you opt out, you'll still see ads on your phone.

Important notice about how Verizon Wireless uses information [Verizon Wireless via Techcrunch]

Customer Discovers Card Skimmer On Bank ATM

2011-11-19T13:39:00.000-08:00

Customer Discovers Card Skimmer On Bank ATM:

When most of us think about illegal card skimmers on ATMs, we think of free-standing cash machines at convenience stores or on the street. But a sharp-eyed bank customer in Massachusetts spotted a skimmer at the last place you'd expect one: the bank.

The customer tells WBZ-TV that he noticed a loose piece of plastic on the machine near where you insert your card. When he touched it, the piece fell out and it was revealed to be a skimmer that would store users' card numbers and PINs.

The scammers who placed the skimmer did a decent job of making it appear to be an integral part of the ATM. One would only spot the change in appearance in a side-by-side comparison with an un-rigged machine. In the above picture, the ATM on the left contains the skimmer, while the one of the right does not.

While the customer who noticed this skimmer hadn't yet used his card on the machine, it's not yet know how many users' information was stolen by the skimmer -- or how someone managed to tinker with a bank ATM without being detected.

ATM Skimming Device Found At Eastern Bank In Taunton [CBSlocal.com]

Verizon Class Action Settlement: Get Refunds For Accidentally Pressing "Get It Now" Button

2011-11-07T12:54:00.000-08:00

Verizon Class Action Settlement: Get Refunds For Accidentally Pressing "Get It Now" Button:

If Verizon "erroneously" charged you for accidentally pressing the "Get it Now" or "Mobile Web" buttons on your phone, you can file for a refund, thanks to a recent class action settlement.

The lawsuit is related to the Verizon insider confession New York Times gadget columnist David Pogue published in 2009 that said the wireless company had rigged their phones to grab $2 a time everytime someone accidentally hit the "Get It Now" or "Mobile Web" buttons on their phone. It was a fee trap for their customers, the insider alleged.

At the time of the controversy, Verizon wrote in a letter to the FCC (PDF) that, "...in order to protect customers from minimal, accidental usage charges, Verizon Wireless does not charge users when the browser is launched, and opens to the Verizon Wireless Mobile Web homepage. If the browsing session ends there without the customer navigating to another webpage, the customer will not incur charges for Mobile Web browsing." However, Pogue's readers wrote him to say that's exactly what happened. That complaint was also among those in the class action lawsuit. Some customers also said they got data charges even when they didn't access the internet on their phones.

Verizon Wireless denies all wrongdoing and has agreed to settle to end the litigation.

You're eligible to request a refund for any mistakenly billed charges that you haven't already gotten a refund for if you are or were a Verizon Wireless customer who paid pay-as-you-go data charges between November 2007 and January 31st 2011.

You can submit an online claim form here in order to get your monies.

DataChargeSettlement.com [via Top Class Actions]

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Verizon Denies It Charges You $2 Each Time You Mistakenly Press A Certain Button On Your Phone

Verizon Configures Phones So You Incur Erroenous Data Charges? (To The Tune Of $300 Million)

Man Accused Of Tossing Molotov Cocktail At Taco Bell For Not Giving Him Enough Meat

2011-10-28T21:19:00.000-07:00

Man Accused Of Tossing Molotov Cocktail At Taco Bell For Not Giving Him Enough Meat:

There's better ways to lodge a complaint against Taco Bell than by lofting a Molotov cocktail at the drive-thru window, but filling out a suggestion card wasn't the one this incensed Georgia customer chose at 5am.

Shortly before the Taco Bell was firebombed, a man called up the fast food joint to complain that his two XL Chalupas had insufficient meat and he demanded it be fixed. The worker who picked up said that the place was closing and they wouldn't be able to help him out.

According to a police report obtained by The Smoking Gun, then man then uttered a phrase that used the n-word and added, "That's alright, I'll just come and redecorate the place."

Shortly thereafter, a blaze erupted outside the drive-thru window. Police found a melted plastic bottle with liquid inside at the scene. Also at the scene: a large sign that says "Come Try The New XXL Chalupa. Bigger Is Better." The suspect is still at large, the search impeded by the poor quality of the security cam footage.

Cops Hunt Man Who Firebombed Taco Bell Because His Chalupas Had Too Little Meat [The Smoking Gun] (Thanks to SkokieGuy!)

DNA Tests Show Cheaper Fish "Mislabled" As Pricier Kinds At Restaurants

2011-10-25T00:50:00.000-07:00

DNA Tests Show Cheaper Fish "Mislabled" As Pricier Kinds At Restaurants:

In an investigation, the Boston Globe gathered fish from 134 restaurants, supermarkets and fish-mongers. They hired an independent lab to test the fish for authenticity and discovered 87 of the 183 fish tested were "mislabeled," a whopping 48%.

The Boston Globe found escolar being sold as white tuna, and the Alaskan butterfish being sold at a celebrity restaurant was sablefish, both much cheaper. $23 flounder was actually swai, sold for $4 a pound. It's a kind of Vietnamese catfish. Another common trick the paper found was for restaurants to put cod on the menu and serve up haddock.

Escolar is banned in Japan because it can sometimes make people sick. It's also referred to as "ex lax" fish because of its effects on the digestive system.

Sometimes it's error, "mislabeling," or outright fraud.

"Mislabeling fish is at a ridiculous level,'' Eric Hesse, a Cape Cod commercial fisherman told the Boston Globe. "The dealers and restaurants have a vested interest in keeping the illusion going. Every time they can say they are selling fresh local fish and get away with selling [Pacific] frozen, they don't have to buy from us. It kills us.''

Regulation is lax, enforcement is hard, and a lot of fish just looks the same after it's been cooked, turned into a fillet, or fried up.

"A lot of people do it until they get caught,'' a seafood wholesaler told The Boston Globe. "We don't play the game. But too many people do. And the average consumer just doesn't know.''

On the menu, but not on your plate [The Boston Globe] (Thanks to ABM!)

Mom Crusading Against Dirty Fast Food Playgrounds Says She's Now Banned From 11 McDonald's

2011-10-24T13:24:00.000-07:00

Mom Crusading Against Dirty Fast Food Playgrounds Says She's Now Banned From 11 McDonald's:

Over the summer, concerned mom Erin Carr-Jordan made headlines around the country with her online crusade to clean up filthy playgrounds found at McDonald's and other fast food chains. It seems her efforts have rubbed at least one Golden Arches franchisee the wrong way, as Carr-Jordan claims she's been barred from all of his eateries.

Posting earlier today on the Facebook page for her Kids Play Safe campaign, she writes:

Had a visitor at my home this morning at 7a. I was hand delivered a notice from the attorneys representing the owner of the MRSA location informing me that I am prohibited from entering any of his 11 McDonald's (I had only previously been to the 1). What does that tell you about him and his establishments? Im thinking it means he doesn't want me to find out what's in there! I will give you a list of the exact addresses. FYI the Chick fil A's all said I was welcome and could swab whenever I want.

Reading through Carr-Jordan's previous posts, it looks like the "MRSA location" is a reference to one particular McDonald's Playland at which she claims to have, through her swabbing of slides and other playground surfaces, detected the presence of Methicillin-resistant Staphylococcus aureus.

Just last week, she wrote:

Found out that the MRSA playland was not shut down like I thought! Was told that it was disinfected and it was not. There was still sand etc all over and the swab I took was black. When I went back I was actually told to leave as I was writing my name, contact info, and lab results down for the manager on duty. Since I thought it was going to be clean I had 3 of my kiddos with me (obviously did not let them touch anything). The person who told me to leave threatened to have me arrested while my children were standing next to me. I learned today that the owner of the establishment gave that order. I also learned from him that telling the managers is a useless thing to do and that if you complain you should have a "business card" to prove you have credibility??? Why is one persons complaint more valid than another because they have credentials?

Just for fun, here's her original video that got the ball rolling over the summer:

Thanks to Mike for the tip!

680 lb Man Fired For Being Obese

2011-09-29T19:41:00.000-07:00

680 lb Man Fired For Being Obese:

Ronald at one point weighed 680 lbs, a fact that never interfered with his ability to do his job. He received high marks in his performance reviews. Despite this, he was fired for his weight.

The Houston Chronicle reports the man worked in a materials handling job for a military manufacturer. The job required mostly computer and desk work, along with some moving of items on shelves that were above chest level. He never asked for any special accommodations, except for a seat belt extension for the forklift he sometimes had to operate. He never received the seat belt extender.

The Equal Employment Opportunity Commission investigated his claims and filed a lawsuit against the company for violating federal disability laws.

Under the disabilities act, it doesn't matter if you have one arm. As long as you can perform the job one-armed, you can't be fired for having only one arm.

The man is now down to 300 pounds thanks to surgery, diet, and exercise.

Man fired at 680 pounds says weight didn't hurt his work [Houston Chronicle] (Thanks to Justin!)

Bill Introduced To Let Robots Call Your Cellphone

2011-09-29T18:08:00.000-07:00

Bill Introduced To Let Robots Call Your Cellphone:

Since '91, it's been illegal for telemarketers to use autodialers and other robot-like devices to call your cellphone. Last week, a bill was introduced to change that. While in the past email hoaxes have gone around saying that your cellphone could be opened up to telemarketers, HR 3035 seeks to let businesses contact your cellphone "for informational purposes."

Here is the text of the bill:

"HR 3035 IH

112th CONGRESS

1st Session

H. R. 3035

To amend the Communications Act of 1934 to permit informational calls to mobile telephone numbers, and for other purposes.

IN THE HOUSE OF REPRESENTATIVES

September 22, 2011

Mr. TERRY (for himself and Mr. TOWNS) introduced the following bill; which was referred to the Committee on Energy and Commerce

A BILL

To amend the Communications Act of 1934 to permit informational calls to mobile telephone numbers, and for other purposes.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

This Act may be cited as the 'Mobile Informational Call Act of 2011'.

SEC. 2. DEFINITIONS.

(a) In General- Section 227(a) of the Communications Act of 1934 (47 U.S.C. 227(a)) is amended--

(1) by amending paragraph (1) to read as follows:

'(1) The term 'automatic telephone dialing system' means equipment which uses a random or sequential number generator to produce telephone numbers to be called and to dial such numbers.';

(2) in paragraph (2)--

(A) by striking 'subsection (b)(1)(C)(i)' and inserting 'paragraph (3) and subsection (b)(1)(C)(i)';

(B) in subparagraph (A), by striking '; and' and inserting a semicolon;

(C) in subparagraph (B), by striking 'paragraph (2)(G)).' and inserting 'subsection (b)(2)(G); and'; and

(D) by adding at the end the following:

'(C) this paragraph shall not apply for purposes of determining whether an established business relationship exists for purposes of prior express consent to a call that is a telephone solicitation.';

(3) by redesignating paragraphs (3) through (5) as paragraphs (4) through (6), respectively; and

(4) by inserting after paragraph (2) the following:

'(3) The term 'prior express consent' means the oral or written approval of a person--

'(A) for the initiation of a telephone call to such person by or on behalf of an entity with which such person has an established business relationship; and

'(B) that is provided when such person purchases a good or service or at any other point during such relationship.

A person who provides a telephone number as a means of contact evidences consent under this paragraph.'.

(b) Conforming Amendment- Section 227(c)(1)(D) of the Communications Act of 1934 (47 U.S.C. 227(c)(1)(D)) is amended by striking 'subsection (a)(3)' and inserting 'subsection (a)(5)'.

SEC. 3. INFORMATIONAL CALLS TO MOBILE TELEPHONE NUMBERS.

(a) In General- Section 227(b)(1)(A) of the Communications Act of 1934 (47 U.S.C. 227(b)(1)(A)) is amended to read as follows:

'(A) to make any call (other than a call made for emergency purposes or made with the prior express consent of the called party) using any automatic telephone dialing system or an artificial or prerecorded voice--

'(i) to any emergency telephone line (including any '911' line and any emergency line of a hospital, medical physician or service office, health care facility, poison control center, or fire protection or law enforcement agency);

'(ii) to the telephone line of any guest room or patient room of a hospital, health care facility, elderly home, or similar establishment;

'(iii) to any telephone number assigned to a paging service; or

'(iv) to any telephone number assigned to a cellular telephone service, specialized mobile radio service, or other radio common carrier service, or any service for which the called party is charged for the call, unless the call is made for a commercial purpose that does not constitute a telephone solicitation;'.

(b) Conforming Amendment- Section 227(b)(2)(C) of the Communications Act of 1934 (47 U.S.C. 227(b)(2)(C)) is amended by striking 'paragraph (1)(A)(iii)' and inserting 'paragraph (1)(A)(iv)'.

(c) Technical Correction- Section 227(b)(1) of the Communications Act of 1934 (47 U.S.C. 227(b)(1)) is amended by striking 'It shall' and all that follows through 'United States--' and inserting the following: 'It shall be unlawful for any person within the United States, or any person outside the United States if the recipient is within the United States--'.

SEC. 4. EFFECT ON STATE LAW.

Section 227(f)(1) of the Communications Act of 1934 (47 U.S.C. 227(f)(1)) is amended to read as follows:

'(1) IN GENERAL- No requirement or prohibition may be imposed under the laws of any State with respect to any subject matter regulated under this section, except for telephone solicitations.'."

Here is a letter written by various banking associations supporting the bill:

"September 23, 2011

The Honorable Fred Upton

Chairman Ranking Minority Member

2125 Rayburn House Office Building

Washington, DC 20515

The Honorable Henry Waxman

House Committee on Energy and Commerce House Committee on Energy and Commerce

2322A Rayburn House Office Building

Washington, DC 20515

Dear Chairman Upton and Ranking Minority Member Waxman:

We the undersigned write to express our strong support for H.R. 3035, the Mobile

Informational Call Act of 2011. This legislation will modernize the Telephone Consumer

Protection Act (TCPA) by enacting limited, common-sense revisions to facilitate the delivery of time-sensitive consumer information to mobile devices, while continuing to protect wireless consumers from unwanted telemarketing calls.

Businesses increasingly rely on advanced communications technologies to convey timely

and important information to consumers. These calls notify consumers about threats such as data breaches and fraud alerts, provide timely notice of flight and service appointment cancellations and drug recalls, and protect consumers against the adverse consequences of failure to make timely payments on an account.

Unfortunately, the TCPA restricts informational calls that utilize assistive technologies to mobile devices even though the law permits such calls to be made to wireline phones. As a result, the approximately 40% of American consumers who identify their mobile device as their primary or exclusive means of communication do not receive many of these calls.

This restriction imposes unwarranted costs and inconveniences on consumers, businesses, and the economy as a whole. When enacted in 1991, Congress intended this restriction to protect consumers against the then-daunting per-minute costs and privacy concerns associated with unsolicited incoming calls from telemarketers. But this restriction applies equally to informational calls. In addition, most wireless consumers are now covered by flat-rate plans, and even for those who are not, technological advances and increased competition have greatly reduced per-minute charges.

A strong consumer-protection environment depends on appropriate communication

between businesses and their customers. As consumers increasingly rely on wireless phones as their primary, or even sole, means of communication, the TCPA's outdated restriction on the use of assistive technologies in contacting wireless consumers for non-telemarketing purposes is now doing far more harm than good for the consumers such restriction was intended to protect.

For these reasons, we strongly support H.R. 3035. This bill will modernize the TCPA by:

* Exempting informational calls from the restriction on auto-dialer and artificial/prerecorded voice calls to wireless numbers;

* Clarifying the "prior express consent" requirement to ensure that the TCPA facilitates communications between consumers and the businesses with which they choose to interact; and

* Excluding from the restriction equipment that merely stores pre-determined numbers or that has latent (but unused) capacity to generate random or sequential numbers.

In addition, H.R. 3035 will continue the prohibition against the use of assistive technologies to call wireless numbers for telemarketing purposes. We commend Representatives Terry and Towns for introducing this legislation.

Congress should act now to modernize the TCPA's treatment of informational calls to

consumers, while preserving its original intent to protect wireless consumers from unwanted telemarketing calls. We urge the Energy and Commerce Committee to appprove [sic] this legislation as soon as possible.

Sincerely,

American Bankers Association

ACA International

Air Transport Association

Consumer Bankers Association

Coalition of Higher Education Assistance Organizations

Edison Electric Institute

Education Finance Council

Financial Services Roundtable

Housing Policy Council

Mortgage Bankers Association

National Association of College and University Business Officers (NACUBO)

National Council of Higher Education Loan Program

Student Loan Servicing Alliance

Student Loan Servicing Alliance Private Loan Committee

The Clearing House

U.S. Chamber of Commerce"

If that's the list of supporters, you can be pretty sure it sucks for you.

FDA Warns Seattle-Based Coffee Company That Rat Poo Is Not Part Of A Seasonal Blend

2011-09-29T17:54:00.000-07:00

FDA Warns Seattle-Based Coffee Company That Rat Poo Is Not Part Of A Seasonal Blend

UPDATE: Zoka has responded to Consumerist regarding the FDA letter. See response at bottom of story.

----------------

In 2008, Seattle-based Zoka Coffee, which operates four stores and also sells packaged coffee and tea, was named Roaster of the Year by Roast Magazine. In 2011, that same company is on the receiving end of a very detailed warning letter from the Food & Drug Administration after inspectors found way too many violations, including more than 1,500 bits of rodent poop.

In a warning letter dated earlier this month, the FDA writes that the following was found during an inspection in April:

Storage Area:

Two lots of whole green coffee beans contained evidence of rodent and insect infestation...

• 79 rodent excreta pellets (REPs) were observed directly on the surface of burlap bags of green coffee beans throughout a pallet of (b)(4) 132 lb. bags. Rodent nesting material was observed on the bottom layer on a pallet of stacked bags; and

• 17 REPs and one apparent insect larvae with insect webbing were observed on the surface of burlap bags of green coffee beans on a stacked pallet of (b)(4) 132lb bags...

• 55 REPs were observed on the surface of burlap bags of green coffee beans throughout a pallet of (b)(4) 132lb burlap bags. A gnaw hole approximately 1/2 inch in diameter was found on one burlap bag. Three insect larvae with webbing and two live insects were found on the outside of the burlap bags;

• 10 REPs were observed on the surface of burlap bags of green coffee beans on a pallet of (b)(4) 132 lb. burlap bags. 12 REPs were found on the cardboard slip underneath the pallet; and

• 27 REPs were observed inside the shrink-wrap surrounding (b)(4) pallets, each containing (b)(4) 132 lb. burlap bags of green coffee.

Production Room:

• At least 200 REPs and a fluorescent stain were observed on and around the bottom shelf of a shelving unit stored in the southwest area;

• At least 115 REPs were observed along the floor/wall junction and among stored boxes in the southwest area;

• At least 144 REPs were observed on the floor surrounding and throughout two stacks of empty pallets stored in the southwest corner;

• 68 REPs were observed on the floor along the south wall in the southeast corner;

• 52 REPs were observed on the floor between plastic bins containing roasted coffee and the west wall;

• A hole behind a shelving unit in the southeast corner containing at least 3 REPs;

• An approximately 20 inch wide gap approximately 4 inches above the floor/wall junction between the cement ledge and wood wall along the west wall, containing 55 REPs;

• At least 90 REPs were observed against the south wall between the (b)(4) and (b)(4) rows of pallets containing green coffee beans in burlap bags;

• At least 300 REPs and fluorescent stains were observed on the floor along the west wall south of the main stairwell; and

• 33 REPs were observed against the south wall between the two western most rows of pallets containing green coffee beans in burlap bags.

Training Room:

• 22 REPs were observed in the production room along the front floor/wall junction;

• At least 100 REPs were observed at the floor/wall juncture behind storage racks and Styrofoam packaging material along the south wall;

• 55 REPs were inside a cardboard box with loose tea; and

• Three holes were observed along the north wall, 1 inch wide containing 4 REPs, 2 1/2 inches wide, and 6 inches in width containing 6 REPs.

Break Room:

• At least 40 REPs were observed at the floor/wall junction along the north wall;

• At least 120 REPs were observed on the surface of two tables along the east wall, and at least 175 REPs were observed beneath the same two tables; and

• Two holes, were observed, one hole, 2 1/4 inches wide, in the northeast corner, and one hole, 2 1/2 inches wide, along the south wall, containing at least 4 REPs.

Tea Repackaging Area:

• REPs were observed on the floor and on shelving units.

One live rodent, approximately 4 inches long, was observed in an open doorway leading from the main stairwell toward the tea re-packing area.

The FDA acknowledges that Zoka responded to the inspector's concerns in May, but that the response was inadequate.

"Your response did not specifically address what, if any, corrective actions you have taken to clean the rodent excreta pellets that were observed in your facility and to sanitize the areas where the pellets were found," writes the FDA. "Nor did you provide documentation of other corrective actions."

The FDA also stated the Zoka's responses regarding concerns about employee sanitation, food storage, and other issues was inadequate.

The agency has given Zoka 15 days to respond in detail, including "each step taken or that will be taken to correct the violations and prevent recurrence. You should include in your response any documentation or other useful information that would assist us in evaluating your corrections. If you cannot complete all corrections before you respond, you should explain the reason for your delay and state when you will correct any remaining violations."

UPDATE: We have spoken to a rep for Zoka, who says the company has been working with the Washington State Dept. of Agriculture and that it quickly got the conditions at its facilities back up to snuff following the FDA inspection. Zoka points out that the FDA has not yet done a re-inspection of the building. The company says it has photos and documentation to demonstrate that it is now in compliance and will be sending them to Consumerist soon.

WARNING LETTER [FDA.gov]

Thanks to Camille for the tip!

Wall Street Journal Changes Privacy Policy To Track Users' Browsing Data Without Consent

2011-09-29T15:13:00.000-07:00

Wall Street Journal Changes Privacy Policy To Track Users' Browsing Data Without Consent:

Because News Corp. has apparently given up any pretensions to respecting the privacy of others, it recently updated the privacy policy for the Wall Street Journal website to allow the company to connect personally identifiable information with Web browsing data without user consent.

Before the change, which was made on Tuesday, the WSJ.com privacy policy stated it would obtain "express affirmative consent" to combine personal data with "click stream information."

And it's not just WSJ.com. The change is being made to all member sites in the Journal's Digital Network, including Marketwatch.com, AllthingD.com, Barrons.com and SmartMoney.com.

Additionally, the privacy policy now states that the sites collects mobile browser ID information.

Why the change?

The network's general manager says that by combining the identifying info with the browsing history, it will "allow us to provide customized Wall Street Journal service information to our users."

She adds that the change "is not being applied retrospectively and only applies going forward to new registered users and subscribers."

If this is truly a benefit to users of the Wall Street Journal sites, News Corp. should make it opt-in only and be compelled to make its case to its readers, rather than making a quiet, behind-the-scenes change in its long-winded privacy policy.

Wall Street Journal Revises Its Privacy Policy [WSJ.com]

FDA Scolds Big Corn For "Corn Sugar" Ads & Websites

2011-09-16T16:51:00.000-07:00

FDA Scolds Big Corn For "Corn Sugar" Ads & Websites:

For more than a year, the folks at the Corn Refiners Association have been making a very public push to rebrand the controversial but widely used high fructose corn syrup as "corn sugar," telling consumers that "sugar is sugar." But newly uncovered correspondence between the Food and Drug Administration and Big Corn show that regulators aren't exactly thrilled about the new name.

The Associated Press has seen a letter sent from an FDA director to the Corn Refiners Association in July. In which the agency writes, "We request that you re-examine your websites and modify statements that use the term 'corn sugar' as a synonym for (high fructose corn syrup)."

But that was July, and yet CornSugar.com still operates because the FDA can't stop an ad campaign that only seeks to promote an entire industry. However, if someone were to change HFCS to "corn sugar" on an ingredients list before the FDA has signed off on the name change, then the agency has the authority to intervene.

A rep for the Refiners defends the campaign to the AP by saying, "We do not believe that anyone could be confused or believe that the statements regarding 'corn sugar' on the websites refer to anything other than high fructose corn syrup."

Except... the FDA already has something it calls "corn sugar." You might know it as dextrose.

Big Corn had previously attempted to rebrand HFCS as "corn syrup," even though it's not the stuff you buy in the Karo bottle in the baking aisle.

Regarding the "corn syrup" change, which was subsequently dropped in favor of the change to "corn sugar," an FDA deputy commissioner reportedly wrote, "It would be affirmatively misleading to change the name of the ingredient after all this time, especially in light of the controversy surrounding it... If we allow it, we will rightly be mocked both on the substance of the outcome and the process through which it was achieved."

Earlier this year, a group of non-corn sugar companies filed a lawsuit against the Corn Refiners, ADM, Cargill and others over the "corn sugar" ad campaign, calling it "false advertising, pure and simple."

AP Exclusive: Officials slams corn industry attempt to rebrand high fructose corn syrup [AP]

Domino's CEO: Why Put Calories On The Menu If 90% Of Our Customers Never Enter The Store?

2011-08-16T14:33:00.000-07:00

Domino's CEO: Why Put Calories On The Menu If 90% Of Our Customers Never Enter The Store?: "

As regulations requiring all restaurants with 20 or more outlets to label their in-restaurant menus with calorie info go nationwide, the CEO of Domino's Pizza says the idea -- as constructed by the federal government -- just doesn't fit a business like his, given the variable nature of pizza and its many toppings and the fact that store owners are paying for sign updates that most customers will never see.

J. Patrick Doyle, the pizza chain's president and CEO, lays out his objections to the law in an op/ed piece for TheHill.com, but here are the highlights of his argument:

* 90% of Domino's orders are placed online or by phone, meaning that adding those calorie counts to the menu is virtually pointless.

* Doyle claims the FDA regulation doesn't account for foods like pizza that have a vast range of calorie possibilities, depending on what the customer orders and how many people share the pizza. He says the law requires Domino's to give calories for a whole pizza, while customers would rather it be done by the slice.

* In places like New York, where calorie counts have been on the menu for quite some time, Doyle says the company has seen no change in ordering habits.

* While there are many, many Domino's around the country, Doyle says that the average franchise owner has four stores and half of the franchisees only own one. But because they fall under the Domino's umbrella, they are each required to have the calorie counts.

Concludes Doyle:

It is absurd to impose rules that will increase costs to business in a manner that will never be seen by 90 percent of our customers, and will be so confusing as to be ignored by the very few who ever see it.. We strongly support the spirit of what the FDA is trying to provide to consumers. The FDA should let us continue to give customers relevant nutritional information where they actually order, in an efficient and fair way, so we can get back to growing our businesses.

On menu regulations, government must do better [TheHill.com]

Ball Park & Oscar Mayer Square Off In Court Over Who Has The Best Wiener

2011-08-15T13:43:00.000-07:00

Ball Park & Oscar Mayer Square Off In Court Over Who Has The Best Wiener: "

'Let the wiener wars begin.' That's what a judge in a legal battle between the nation's two biggest hot dog brands declared earlier today, as the makers of Oscar Mayer and Ball Park franks each accused the other of misleading and deceptive advertising practices.

Lawyers for Ball Park's parent company Sara Lee, and Kraft Foods, the folks behind Oscar Mayer hot dogs, have been suing and countersuing each other for two years, each alleging that the other is lying to consumers about the qualities of their product while unfairly disparaging their competitors.

It all began in 2009 when Sara Lee sued over Oscar Mayer ads claiming that its dogs had bested Ball Park in a national taste test. Sara Lee lawyers say the test in question was less than scientific. 'They were served boiled hot dogs on a white paper plate,' adding that Ball Park dogs are intended to be eaten on a bun and might taste overly salty otherwise.

That same year, Kraft sued over Ball Park ads that called the hot dogs 'America's Best Franks' and claimed that other hot dogs 'aren't even in the same league.'

In addition to these allegations, the court will hear Sara Lee's arguments that Oscar Mayer Jumbo Beef Franks are not '100 percent pure beef' as advertised.

From the AP:

Kraft defends the '100 percent pure beef' tag, saying its intent was to state that the only meat used is beef. Some industry hot dogs include a mix of turkey, pork, chicken or other meats. Kraft further argues that the 'pure beef' label is justified because surveys show a perception among some consumers that hot dogs contain 'mystery meats.'

The judge tried to interject some common sense into the trial.

'Don't we have here a couple of big hot dog companies just saying they are the best?' he asked. 'Is there something more unusual going on here than what goes on every day?'

The judge pointed out the pot-kettle nature of the lawsuits when the Ball Park lawyer brought up the aforementioned issue of the allegedly tainted taste test around which Oscar Mayer based its ad campaign. He noted that Ball Park had done something similar by running ads citing an award given to the hot dog by a group of 10 top San Francisco chefs.

'And how would ten chefs in San Francisco know what the best hot dog is when they have never been to Chicago or tasted a Chicago hot dog?' asked the judge.

Dogs day in court: 'Let the wiener wars begin' [Chicago Tribune]

Government Wants Organic Small-Batch Ice Cream Maker To Stop Making Organic Small-Batch Ice Cream

2011-08-15T13:39:00.000-07:00

Government Wants Organic Small-Batch Ice Cream Maker To Stop Making Organic Small-Batch Ice Cream: "

Nice Cream is a small ice cream company in Chicago that does something strange and daring in the modern food landscape: they make and sell ice cream using only ingredients with names that ordinary people can pronounce. Ingredients such as 'cream,' 'eggs,' and 'pie.' The tiny company was a classic recession success story: a laid-off teacher experiments at home with her Cuisinart ice cream maker, and with hard work and creativity creates a delicious product that's eventually sold at Whole Foods. But the state of Illinois doesn't really see it that way, and Nice Cream will have to shut down or make drastic changes to its products and process in order to stay legal. They're first, and other small-batch ice cream makers could be next.

The problem is that regulations are designed for industrial food production, not tiny companies making gourmet products. Illinois requires pasteurization and regular bacteria tests for perishable prepared food like ice cream, and the company rents kitchen space and doesn't have the required pasteurization equipment. Acquiring that equipment would cost an estimated $40,000. There is a way around it: use pre-made ice cream mix and fruit syrups instead of the current pronounceable ingredients and fresh fruit. That's not a product that fans are going to pay $8.99 a pint for.

Local ice cream makers face shutdown by state [Chicago Tribune]

Nice Cream [Official Site]