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“Free Trial” Smoking Cessation Patch Promoter Halts Deceptive Practices; Trials Weren’t Free, Patches Didn’t Work As Claimed, FTC Alleges

“Free Trial” Smoking Cessation Patch Promoter Halts Deceptive Practices; Trials Weren’t Free, Patches Didn’t Work As Claimed, FTC Alleges
Source: Federal Trade Commission

An operation that offered “free trials” of its herbal products, including smoking cessation patches, has agreed to halt its allegedly deceptive practices, pending trial. The Federal Trade Commission sued, alleging that the trials weren’t free, the patches didn’t work as claimed, and the operation was illegally debiting consumers’ bank accounts without their authorization. The defendants have now agreed to abide by a federal court order that bars them from making deceptive claims, restricts their ability to dissipate assets, requires them to preserve records and other evidence, and account for the money they made from their venture.

According to the FTC, NextClick Media operates several Web sites that offer “free” 10- day trials for their products, including herbal stop-smoking patches called “Nicocure,” “Stop Smoking 180,” and “Zero Nicotine.” They advertise that consumers will only pay for shipping and handling with ads in large type that say “FREE 10-Day Supply plus shipping and handling,” and “TRY IT FREE.” Consumers who want to try the “free trial” provide a credit or debit card to pay for the shipping charge. But, the FTC alleges, the trials weren’t free. Consumers weren’t sent a 10-day trial size package. They were sent a 30-day supply and had to pay for all 30 days of product if they chose to keep it. Consumers who chose to return the unused product paid postage and were assessed a $7.95 restocking fee, neither of which was disclosed adequately by the sites.

The agency also alleged that the operators failed to disclose adequately that consumers who signed up for the free trial were agreeing to be enrolled in a continuity program and would be automatically billed monthly charges of up to $99.95 until they cancelled. But, the operators deliberately misled consumers into believing they would not be automatically enrolled. Statements on their Web site claimed, “Your 10 day trial is absolutely free! Charges will only be made to your credit card if you find that StopSmoking180 is the product for you and you choose to continue with the stop smoking 180 program for a discounted membership price.”

+ Federal Trade Commission v. NextClick Media, LLC, a Delaware limited liability company d/b/a StopSmoking180.com, StopSmokingResolution.com, BeautifulSkin.com, and OnLineDirectProducts…
+ Trial Offers: The Deal Is in the Details
+ Unordered Merchandise
+ Automatic Debit Scams

The treatment of persons rescued at sea: conclusions and recommendations from recent meetings and expert round tables convened by the Office of the United Nations High Commissioner for Refugees

The treatment of persons rescued at sea: conclusions and recommendations from recent meetings and expert round tables convened by the Office of the United Nations High Commissioner for Refugees (PDF; 48 KB)
Source: Office of the UN High Commissioner for Refugees

1. The Office of the United Nations High Commissioner for Refugees (UNHCR) has convened three meetings since 2002 on rescue at sea and refugee protection: the expert round table on rescue at sea in Lisbon in March 2002; the expert meeting on interception and rescue in the Mediterranean in Athens in September 2005; and the meeting of State representatives on the same issue in Madrid in May 2006.

2. The meetings brought together participants from Governments, the shipping industry, international organizations, non-governmental organizations and academia. They resulted in a number of important observations and recommendations, aimed at preserving the integrity of the global search and rescue regime for which irregular migration poses a particular challenge, and at meeting the humanitarian and protection needs of those in distress. However, participants also recognized that efforts to improve search and rescue operations for migrants and refugees in distress at sea are only one aspect of addressing the broader challenges of irregular maritime migration. This requires tackling all the different aspects of this phenomenon in a comprehensive manner, from the root causes to differentiated solutions after disembarkation.

3. The points below synthesize the main conclusions of the meetings. They include suggestions for the strengthening of the maritime search and rescue regime, as well as recommendations for a broader approach to address irregular maritime migration beyond the imminent rescue phase.

Hat tip: UN Pulse

Opportunities for Creating Livable Communities

Opportunities for Creating Livable Communities
Source: AARP Policy & Research

The most common barriers to creating livable communities are examined in this AARP Public Policy Institute report by Mia R. Oberlink of the Visiting Nurse Service of New York’s Center for Home Care Policy and Research, offering examples of how communities around the country have realized increased housing and transportation choices for older adults and other community members.

There is increasing recognition by AARP and other aging advocates and researchers that many of the solutions for successful aging will arise through multi-faceted local planning and decision-making-be it land development planning, zoning, transportation planning, road design, or housing policy. Each element of the planning process offers opportunities to create more livable areas. But success is often dependent on overcoming one or more seemingly intractable barriers, many of which are discussed in this report.

Despite these barriers, many communities are making great strides and developing innovative strategies to promote livability for people of all ages. AARP’s Public Policy Institute hopes that the framework introduced in this report will provide planners, regulators, policymakers, and community advocates with a clear understanding of how these common barriers affect the housing and transportation choices of older adults, as well as spark new ideas for discussion and implementation in their communities. (35 pages)

+ In Brief (PDF; 68 KB)
+ Full Report (PDF; 1.3 MB)

Quick Health Facts 2008: A Compilation of Selected State Data

Quick Health Facts 2008: A Compilation of Selected State Data
Source: AARP Policy & Research

This publication provides a snapshot of each state’s health care landscape by providing comparable state-level and national data for over 30 indicators. Data are presented for each state and the District of Columbia in regard to demographics, Medicare, Medicaid, and health insurance coverage. Limited data are presented for the Commonwealth of Puerto Rico and the U.S. Virgin Islands. This publication is adapted from the State Profiles series that was published annually from 1990 to 2000 and biennially from 2001 to 2005 by the AARP Public Policy Institute. Quick Health Facts is not a continuation of the State Profiles series; therefore, comparisons should not be made with information contained in past editions of State Profiles. (68 pages)

+ Full Document (PDF; 422 KB)

State Handbook of Economic, Demographic, and Fiscal Indicators 2008

State Handbook of Economic, Demographic, and Fiscal Indicators 2008
Source: AARP Policy & Research

As state and local economic conditions and demographic patterns change, policymakers may consider adjusting their policies on taxes and spending programs. These adjustments become more difficult when economic and demographic changes depart from historical trends.

Policymakers, public officials, policy analysts and others concerned about such issues will find useful state-level data on population, poverty rates, per capita state personal income, state and local revenues, expenditures, tax rates, and property tax relief programs in this seventh edition of the AARP Public Policy Institute’s biennial databook by David Baer. Since 1993, the reference book has been contributing to more informed public policy decisions by providing economic, demographic, and fiscal information.

The handbook facilitates state-by-state and state-national comparisons, featuring economic, demographic, and fiscal summaries of the entire United States, each state, the District of Columbia, the Virgin Islands, and Puerto Rico. Gender and age comparisons are provided for some of the data. Tables and maps of selected data are included. (462 pages)

+ Full Document (PDF; 3.4 MB)

CIA — Psychology of Intelligence Analysis (1999)

Psychology of Intelligence Analysis (1999)
Source: Central Intelligence Agency (History Staff, Center for the Study of Intelligence)
Full-text book now available online. Browse by chapter or download full document (PDF; 2 MB).

DHS OIG — Three Reports — U.S. Customs and Border Protection

U.S. Customs and Border Protection — Three Reports
Source: U.S Department of Homeland Security, Office of Inspector General
+ Independent Review of The U.S. Customs and Border Protection’s Management Assertions on the 2007 Drug Control Performance Summary (PDF; 982 KB)

CBP makes the following assertions:

  1. Performance reporting system is appropriate and applied - CBP has a system to capture performance information accurately and the system was properly applied to generate the performance data. The source of the data is a combination of Enterprise Data Warehouse (EDW) and Treasury Enforcement Communications systems.
  2. Explanations for not meeting performance targets are reasonable based on based on the following wording the in guidance, “An Assertion shall be made regarding reasonableness of any explanation…for revising or eliminating performance targets.”
  3. Adequate performance measures exists for all significant drug control activities - CBP has established at least one acceptable performance measure for each Drug Control Decision Unit identified in reports. Each performance measure considers the intended purpose of the National Drug Control Program Activity.

CBP cannot make the following assertion at this time:

    (1) Methodology to establish performance targets is reasonable and applied.

+ Independent Review of The U.S. Customs and Border Protection’s Reporting of FY 2007 Drug Control Performance Summary (PDF; 233 KB)

Based on our review, nothing came to our attention that caused us to believe that the Performance Summary Report for the year ended September 30, 2007 is not presented, in all material respects, in conformity with ONDCP’s (Office of National Drug Control Policy) Circular, Drug Control Accounting (May 1, 2007).

+ Independent Review of The U.S. Customs and Border Protection’s Reporting of FY 2007 Drug Control Obligations (PDF; 232 KB)

Based on our review, nothing came to our attention that caused us to believe that (1) the Table of FY 2007 Drug Control Obligations and related disclosures for the year ended September 30, 2007 is not presented, in all material respects, in conformity with ONDCP’s Circular, Drug Control Accounting (May 1, 2007), or that (2) management’s assertions referred to above are not fairly stated, in all material respects, based on the criteria set forth in ONDCP’s Circular, Drug Control Accounting (May 1, 2007).

CRS — The Congressional Research Service and the American Legislative Process

The Congressional Research Service and the American Legislative Process
Source: Congressional Research Service (via OpenCRS)

The Library of Congress, as its name suggests, is a library dedicated to serving the United States Congress and its Members. It serves additionally as an unexcelled national library. The Library was located in the Capitol Building with the House of Representatives and the Senate until 1897, and its collections always have been available for use by Congress. Building upon a concept developed by the New York State Library and then the Wisconsin legislative reference department, Wisconsin’s Senator Robert LaFollette and Representative John M. Nelson led an effort to direct the establishment of a special reference unit within the Library in 1914. Later known as the Legislative Reference Service, it was charged with responding to congressional requests for information. For more than 50 years, this department assisted Congress primarily by providing facts and publications and by transmitting research and analysis done largely by other government agencies, private organizations, and individual scholars.

In 1970, Congress enacted a law transforming the Legislative Reference Service into the Congressional Research Service (CRS) and directing CRS to devote more of its efforts and increased resources to performing research and analysis that assists Congress in direct support of the legislative process. Joined today by two other congressional support agencies, including the Congressional Budget Office and the Government Accountability Office, the Congressional Research Service offers research and analysis to Congress on all current and emerging issues of national policy. CRS analysts work exclusively for Congress, providing assistance in the form of reports, memoranda, customized briefings, seminars, videotaped presentations, information obtained from automated data bases, and consultations in person and by telephone. This work is governed by requirements for confidentiality, timeliness, accuracy, objectivity, balance, and nonpartisanship. This report will be updated as circumstances warrant.

+ Full Report (PDF; 104 KB)

Hard Hats See Hard Times

Hard Hats See Hard Times
Source: Pew Research Center for the People & the Press

While the latest labor statistics reported fewer job losses than analysts expected, the American public is expressing increasing concern about job availability. But those worries are not as widespread as in the 1992 election-year downturn, when majorities at all income levels judged jobs to be in short supply. Instead, today’s worries are far more heavily concentrated in the lower portions of the income spectrum.

UK — Groceries Market Investigation: Final Report

Groceries Market Investigation: Final Report
Source: Competition Commission (UK)
From press release (PDF; 115 KB)

The Competition Commission (CC) has today published its final report in its inquiry into UK groceries retailing, including measures to improve competition in local areas and to address its concerns about relationships between retailers and their suppliers. The measures include:

  • a recommendation for the inclusion of a ‘competition test’ in planning decisions on larger grocery stores;
  • action to prevent land agreements which can restrict entry by competitors;
  • the creation of a new strengthened and extended Groceries Supply Code of Practice; and
  • a recommendation to establish an independent Ombudsman to oversee and enforce the Code.

In its final report, the CC has concluded that, whilst UK grocery retailers are, in many respects, delivering a good deal for consumers, action is needed to improve competition in local markets and to address relationships between retailers and their suppliers.

+ Full Report (PDF; 1.9 MB)

Employer Health Costs In a Global Economy

Employer Health Costs In a Global Economy
Source: New America Foundation

Although most Americans get health insurance through their employers, business leaders are increasingly united in their belief that rising health care costs threaten America’s competitiveness in the global economy. Business support for comprehensive health reform has been growing as a result.

However, economists generally believe that it is workers — rather than employers — who pay for health care through lower wages. Although this proposition may hold true in the long run, employers face a variety of constraints that may make it difficult for them to fully shift health costs in the short run.

Health care costs would not burden firms if they could be shifted to consumers through higher prices. But with globalization and increased competition in international markets, this is not feasible. If employers cannot fully shift health costs onto workers or into prices, then how much they pay matters.

As a percentage of payroll, the employer cost of health benefits has exploded over the past few decades. In addition, employer health costs for manufacturing firms in the United States, $2.38 per worker per hour, were much higher than the foreign trade-weighted average of $0.96 per worker per hour in 2005. Employer health costs make the United States less competitive than it could otherwise be.

+ Policy Paper: Employer Health Costs in a Global Economy (PDF; 322 KB)
+ Issue Brief: Employer Health Care Burden (PDF; 103 KB)

CRS — Gangs in Central America

Gangs in Central America
Source: Congressional Research Service (via OpenCRS)

The 110th Congress maintains a keen interest in the effects of crime and gang violence in Central America and its spillover effects on the United States. Since February 2005, more than 1,758 alleged members of the violent Mara Salvatrucha (MS-13) gang have been arrested in cities across the United States. These arrests have raised concerns about the transnational activities of Central American gangs, and governments throughout the region are struggling to find the right combination of suppressive and preventive policies to deal with them. Some analysts assert that increasing U.S. deportations of individuals with criminal records to Central American countries may be contributing to the gang problem. Several U.S. agencies have been actively engaged on both the law enforcement and preventive side of dealing with Central American gangs. An inter-agency committee worked together to develop a U.S. Strategy to Combat Criminal Gangs from Central America and Mexico, announced at a July 2007 U.S.-Central American Integration System (SICA) summit on security issues. The strategy, which is now being implemented, states that the U.S. government will pursue coordinated antigang activities through five broad areas: diplomacy, repatriation, law enforcement, capacity enhancement, and prevention.

+ Full Report (PDF; 146 KB)

DCSF: Pupil Characteristics and Class Sizes in Maintained Schools in England: January 2008 (Provisional)

DCSF: Pupil Characteristics and Class Sizes in Maintained Schools in England: January 2008 (Provisional)
Source: Department for Children, Schools and Families (UK)

Statistics on Pupil Characteristics and Class Sizes are published as Pupil Characteristics and Class Sizes in Maintained Schools in England: January 2008 (Provisional) and include provisional data from England covering free school meal eligibility, ethnicity, first language and special education needs together with a range of class size information.

The latest statistics are for January 2008 and update those previously released on 26 April 2007.

The key points from the latest release are:

  • In January 2008 the full time equivalent (FTE) number of pupils in state funded primary, secondary and special schools stood at around 7.3 million, the same as in 2007, with both the primary and secondary sectors showing a decrease.
  • Provisional figures indicate a decrease in the proportion of pupils in state funded schools known to be eligible for free school meals.
  • In January 2008 some 223,430 (or 2.8 percent of) pupils across all schools in England had statements of SEN. The proportion of pupils with statements of SEN is similar to the proportion in 2007.
  • In January 2008, the average size of classes taught by one teacher in primary schools was 26.2, the same as a year earlier.
  • The average size of classes taught by one teacher in state funded secondary schools was 20.9, which represents a decrease from 21.2 a year earlier.

+ Full Report (PDF; 760 KB)

Implementation and Second-Year Impacts for Lone Parents in the UK Employment Retention and Advancement (ERA) Demonstration

Implementation and Second-Year Impacts for Lone Parents in the UK Employment Retention and Advancement (ERA) Demonstration
Source: MRDC

This report presents new findings on the implementation and effectiveness of Britain’s Employment Retention and Advancement (ERA) demonstration programme, which is being evaluated though a large-scale randomised control trial. ERA’s distinctive combination of post-employment advisory support and financial incentives was designed to help low-income individuals who entered work sustain employment and advance in the labour market.

The analysis presented here focuses on the experiences of lone parents within the first two years following their entry onto the programme.

+ Full Report (PDF; 1.7 MB)

London 2012 Games : the next lap

London 2012 Games : the next lap (PDF; 915 KB)
Source: House of Commons — Culture, Media and Sport Committee

In this Report, we do not attempt to provide a commentary on every aspect of the London 2012 Games programme. We dwell at some length on the financing of the Games, the legacy use for individual venues, progress in defining and delivering the benefits for sport throughout the country at all levels, both in the years leading up to the Games and in the Games’ aftermath, and prospects for performance by British athletes at the Beijing and London Games. We plan to examine in a future Report the extent to which expectations of benefits from the Games in the nations and regions are likely to be met.

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