Complaint resolution service publishes case studies, recall information and consumer news.

In cooperation with the FDA, Fun Express, Inc. is expanding its face paint recall from early May to include white and yellow face paint colors.  The face paints can cause rashes, skin irritation, and itchiness.  The paints, made by Shanghai Color Art Stationary Company Limited, have the words, “Water-Based Face Paint Net Weight 1 Oz (28.3gm) Non-Toxic Made in China” on the tube.  The tube is packaged on cardboard backing that is labeled, “Face Paint” on the front, and, “Distributed by Oriental Trading Co., Omaha, NENE 68127″ in the upper right hand corner. 

The item number can be found on the back of the package-

85/2338 (White face paint)
85/2339 (Yellow face paint)

The products were distributed primarily to retail stores nationwide between April 2008 and April 2009.  If you have the face paint in question, you should immediately discard it.

Consumers can contact Fun Express, Inc. by calling (888) 999-0442 between the hours of 9:00 am and 5:00 pm CST, Monday through Friday.

Posted under Customer Service, Health, Products, Recalls, Safety

The U.S. Food and Drug Administration is warning consumers about a scam to purchase drugs from an international location.  The callers claim to be FDA “special agents” and apparently target  consumers who use mail order pharmacies or similar services.

After an order is placed, the agency says the consumer receives a call several days later demanding money for a “fine” because of the order.  Consumers are threatened during the call and even told they can be jailed.

If you have been contacted or know someone who has, please call the FDA toll-free at (800) 521-5783.

Posted under Health, Privacy

The U.S. Food and Drug Administration (FDA) is advising consumers that tainted baby formula traced to China is likely not being sold in mainstream stores within the U.S.

Baby formula from China reportedly includes a substance called melamine, the same substance found in tained pet food last year. More than 10,000 infants in Asia have become sick from contaminated formula, and officials report at least one case in Hong Kong.

The FDA, meanwhile, is urging U.S. residents who shop in Chinese or Asian markets to not purchase baby formula there.  The governement agency reported that inspections in 1,000 U.S. retail stores failed to detect a single case of tainted baby formula.

Posted under Health, Recalls, Safety

The Federal Trade Commission (FTC) is reminding consumers that September 15 is the last day to apply for refunds if they purchased Airborned Health products between 2001 and 2007.

Consumers who bought the Airborne-branded products Airborne Effervescent Health Formula, Airborne On-the-Go, Airborne Power Pixies, Airborne Nighttime, Airborne Jr., Airborne Gummis, and Airborne Seasonal Relief between May 1, 2001 and November 29, 2007 are eligible for refunds. Consumers who have receipts can apply for a refund for the full amount. Those without receipts can apply for refunds for up to six product purchases, and should visit the Web site for further details.

Find out if you’re eligible at the Airborne Health refund site.

Posted under Health, Products

Congratulations to Laura Lowell on her upcoming release of 42 Rules for Working Moms. There are some great rules in there about work-life balance and some good consumer information too.

We’re proud that our very own Joan was one of the moms selected. While raising three kids, she also managed to co-found Consumer Help Web and has been the company’s main point of contact regarding consumer complaints for five years. Sure, we’re small enough to all be happy, and I’m willing to admit to bias, but it was a great idea that Laura asked about online some time ago, and is a great read.

If you’re interested, the book is out this week on Amazon.  Click on the cover to head there.

New Book For Working Moms

Posted under Finance, Health

Inova, a hospital chain quickly reaching throughout  Washington, D.C.’s wealthy Virginia suburbs, has dropped its plans to acquire another hospital.

Last year, Inova announced a plan to acquire a hospital in Manassas, Virginia, a formerly exurban community that has quickly become a part of the Washington suburban area.  The acquisition would have given the company more than 80% of the available hospital beds in Northern Virginia, and the Federal Trade Commission quickly announced it would oppose the move.

This week, faced with a legal complaint from the agency, Inova abandoned its plans to acquire the hospital.  We spoke with some area residents about the loss of promised new facilities and expansion.  One told us that he goes to Inova’s Fairfax Hospital whenever possible.  “For a broken arm or something basic, [Prince William]…hospital is fine, but if I want a team ready to help me 24/7, I’m going to a place with top trauma teams and more facilities and money.”

We agree that competition is ultimately good for consumers and that the economic barriers to entry for a new hospital are staggering.   Since so much health care is actually dictated by a very small group of insurance companies, however, we wonder about the wisdom of letting the accountants dictate the quality of care versus a hospital.  There are potentials for abuse on both sides, but if more resources means the quality of care increases for some Virginia residents, we have to question whether the FTC’s actions in this matter really benefited public health.

Posted under Health

Medicis Pharmaceutical Corporation of Scottsdale, Ariz., will pay the United States $9.8 million to settle allegations that the company violated the False Claims Act with respect to claims submitted to Medicaid, the Justice Department announced today. The settlement resolves allegations that Medicis promoted the use of a topical skin preparation, Loprox, for use on children under the age of 10, without approval by the Food & Drug Administration (FDA).

The United States and the whistleblowers – former Medicis employees – alleged that from approximately November 2001 through April 2004, Medicis sales personnel targeted pediatricians, urging the doctors to use Loprox as a treatment for diaper rash. The use of Loprox, which is approved by FDA as a fungicide for patients over 10 years of age, is not a “medically accepted indication” for the treatment of diaper dermatitis and other skin disorders in children under 10.

“This settlement demonstrates our ongoing commitment to protecting funds for federal health care programs,” said Assistant Attorney General Peter D. Keisler. “Pharmaceutical companies need to know that they will be held accountable for off-label marketing schemes and other illegal activities that affect those programs.”

The Food, Drug & Cosmetic Act prohibits pharmaceutical companies from marketing or promoting a drug for uses that the FDA has not approved, a practice known as “off-label marketing.” In the case against Medicis, the United States alleged that the Medicaid program paid millions of dollars for Loprox prescriptions that would not have been reimbursed if government authorities had known that the prescriptions resulted from the company’s off-label marketing campaign.

Medicis sold its pediatric sales unit in 2004.

The civil settlement resolves claims brought by four former Medicis sales representatives. As a result of the settlement, the whistleblowers will collectively receive in excess of $1,078,000 as their statutory award. Under the qui tam provisions of the False Claims Act, private parties can file an action on behalf of the United States and receive a portion of the settlement if the government reaches a monetary agreement with the defendants.

Posted under Health, Safety

Menu Foods has previously recalled wet cat and dog food produced with adulterated wheat gluten supplied by ChemNutra Inc. Menu Foods is now expanding the recall to include cuts and gravy and select other products which do not include ChemNutra wheat gluten but which were manufactured at any of Menu Foods’ plants during the period that ChemNutra wheat gluten was used at that plant, to the extent they have not already been subject to a recall, due to the possibility of cross-contamination. Menu Foods has received a report from a customer and has received study results, both of which indicate cross-contamination.

As a result, Menu advises the public:

* Additional items in the United States and Canada have been added to the recall list as shown below. A further two varieties for Europe have been added to the recall list.
* The recall dates of those products previously recalled have been modified to include all dates during the period that ChemNutra wheat gluten was used in the applicable Menu plant. All of these products, including the expanded dates, have previously been withdrawn from the market and should already be off the retailer shelves.

Menu estimates that this additional recall represents less than 5% of the products that have already been recalled or withdrawn.

Posted under Health, Recalls

Brand name prescription drug prices continue to rise at about twice the rate of inflation, according to the latest AARP Watchdog Report.

AARP’s Watchdog Report found that ten of the brand name drugs it tracks increased at least four times the rate of general inflation during 2006. Ambien led the pack with a 29.7 percentage increase in manufacturer price, followed by Combivent at 18.3 percent and Atrovent Inhaler at 16.9 percent.

“The report highlights that drug prices continue to skyrocket,’ said David Sloane, Senior Managing Director, Government Relations & Advocacy. “Over time escalating drug prices will make Medicare drug plans unaffordable for older Americans. One way to address high drug prices is to take full advantage of Medicare’s bargaining power and allow Medicare to negotiate lower drug prices.”

Bob Elliott, a 75-year-old retiree from Kentucky, enrolled in a Medicare drug plan in 2006 after losing retiree prescription drug coverage from his former employer. He takes six prescriptions daily and by July 2006 reached the coverage gap, also known as the “donut hole” at which time he began paying full price for his medications. Only two of his medications are available in a generic version. “It was real sticker shock,” said Elliot. “I went from paying a co-payment to full price. My out-of pocket expenses on drugs alone in six months reached $2,000. Prescription drug prices are too high and hit older Americans’ wallets the hardest.” As brand name drug prices continue to rise more and more Americans can expect a similar fate.

“We need to send a loud and clear message to the pharmaceutical industry that Americans cannot afford to continue to pay the highest prices for prescription drugs in the world,” continued Sloane.

The Watchdog Report shows that nearly 200 of the most commonly used brand name drugs for older adults rose 6.2 percent in 2006, nearly twice the general rate of inflation, which was 3.2 percent. 2006 also marked the first year that the new Medicare drug benefit was in effect.

In contrast, manufacturer list prices in 2006 for 75 generic drugs tracked by AARP’s Watchdog Report fell by 2.0 percent. This continues a downward trend for manufacturer price increases for already lower-priced generic drugs that began in 2003.

Posted under Health

The satisfying woosh of water tumbling out of an old style toilet tank convinced many consumers that they could never make do when 1.3 gallons per flush toilets were introduced. There was even a quick run-up on sales at eBay and other online traders as consumers sought to have the higher volume toilets installed in their homes.

Now the U.S. Environmental Protection Agency is going a step further, or a few drops backward. The agency’s new WaterSense program offers a label to those toilets that perform their assigned tasks at a volume less than 1.3 gallons per flush.

The labeling program and lower volume toilets are voluntary at this writing. The new toilets are the product of extensive research in fluid dynamics conducted over the last six years. While the exterior differs little from traditional toilets, interior redesign and new mechanical approaches significantly improve flow and reduce water usage.

During the development of its WaterSense program, EPA analysis determined that toilets represented a significant target for its water-efficiency activities. Toilet usage accounts for nearly one-third of home water consumption.

It is estimated that high-efficiency toilets can reduce water bills by about 10 percent. Replacing older, inefficient toilets, which are responsible for much of the water wasted in American homes, could save more than 900 billion gallons of water a year – enough to supply almost 10 million households.

WaterSense-labeled toilets are certified by independent laboratory testing to meet rigorous criteria for both performance and efficiency. Only high-efficiency toilets that complete the third-party certification process can earn the WaterSense label.

WaterSense is a voluntary public-private partnership that recognizes high-performance products and processes. The WaterSense program also seeks to promote consumer use of water-efficient products, certification for water industry professionals, and innovation in water-efficient product manufacturing.

Companies that manufacture, sell or distribute household plumbing fixtures are encouraged to join the WaterSense program, which is also open to water utilities, trade associations, state and local governments and non-governmental organizations.

Posted under Health, Products