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Justices' questions focus on national security concerns rather than free speech

By James R. Hood of ConsumerAffairs
January 10, 2025

With just nine days to go until it's banned in the U.S., things aren't looking great for TikTok. The Supreme Court heard arguments today on TikTok's challenge to the law banning it because of concerns about its Chinese owner, ByteDance Ltd.

"Are we supposed to ignore the fact that the ultimate parent is in fact subject to doing intelligence work for the Chinese government? Chief Justice John Robertsasked TikToks lawyer.

That and similar questions from the justices made it clear toobservers that ByteDance's defenses aren't winning the hearts and minds of the court.

ByteDance and the thousands of content creators that keep the platform rocking along and entertaining170 million U.S. users have tried to frame the issue as one centering on free speech, which is prominently enshrined in the First Amendment.

It's not absolute

But, sacred though it is, the freedom to speak and publish is not unlimited. The classic example of speech that is not protected is shouting "Fire!" in a crowded theater.

The Biden Administration basically cites that argument, saying that Chinese control of TikTok permits a foreign totalitarian adversary to spread propaganda, manipulate the platform's content and collect the data of individual Americans for espionage or blackmail purposes.

Just on the data collection, that seems like a huge concern for the future of the country, Justice Brett Kavanaugh said to TikToks lawyer, Noel Francisco, according to Bloomberg News.

The content creators whose videos, stand-up routines and how-to spiels populate TikTokargue that their users' right to view the content they select deserves protection and they generally minimize the dangers cited by the government.

But the justices and government lawyers arguing for the Biden Administration say the basic issue is that Congress and the White House have deemed that ByteDance has dangerously close ties with the Chinese Communist government.

Texas chimes in

As if being banned by two (so far) of the three branches of the federal government wasn't enough, Texas has waded into the skirmish, charging in a lawsuit that TikTok has beendeceptively marketing its app as safe for minors, despite regularly showing inappropriate and explicit material to children.

"TikTok actively worked to deceive parents and lure children onto their app despite the presence of an overwhelming amount of profane and illicit material, said Texas Attorney General Ken Paxton in an email to ConsumerAffairs. Companies may not jeopardize the health and wellbeing of Texas children by blatantly lying about the products they provide.

In a suit filed Jan. 9, Paxton charged thatTikTok lied about its safety standards and concealed the truth about the prevalence of inappropriate and explicit material. Specifically, to deceive parents and maintain its current age rating in major app stores, TikTok falsely represented that the presence of graphic videos depicting drugs, nudity, alcohol, and profanity was infrequent and mild, the suit alleges.

Paxton said an investigation found a virtually endless stream of videos on such topics easily accessible to minors.Paxton previously sued TikTok for violating the Securing Children Online Through Parental Empowerment (SCOPE) Act by unlawfully operating its platform in a manner that puts the online safety and privacy of Texas children at risk.

What's a TikTokto do?

If, as expected, the court turns down TikTok's plea, come Jan. 19 it will be illegal for TikTok to continue operating and posting its material. ByteDance would then have just afew options:

  • Sell the business. ByteDance has said it would not consider unloading the platform but it may not have much choice if the decision goes against it.
  • Go rogue. Presumably, ByteDance could continue hosting the site on servers outside the United States but, while that's theoretically possible, it would be very difficult to implement and maintain. Operating a gigantic web platform isn't like running a single server. It would require continued services from U.S. tech companies that now provide routing, caching and any number of other tasks. Those companieswould face enormous fines if they continuing aiding in the distribution of TikTok.
  • Close TikTokdown and dispose of its intellectual property. It could presumably sell off the most popular videos to other platforms and simply retire as an ongoing U.S. business enterprise. TikTok might become a Facebook feature (it now syndicatessome videos to Facebook, billing them as "Reels"). This would be akin to a television network going out of business and selling off its most popular shows.

It will be missed

To a certain extent, it's a generational debate, with younger consumers depending on TikTok and older ones largely dismissing it as a silly waste of time. It's also criticized for some of its racier content, which critics say amounts to sexual exploitation.

Younger Americans, in fact, seem to see TikTok as something more than an algorithm-driven mishmash of entertainment. shameless self-promotion, online retailing and, believe it or not, news.

A recent survey conducted by Numerator found that31% of U.S. adult consumers use TikTok, making it the fifth-most-popular social media app behind Facebook, YouTube, Instagram, and Pinterest, although its support falls off with age:

  • 76% of Gen Z use it,
  • 40% of Millennials,
  • 36% of Gen X, and
  • 18% of Baby Boomers.

TikTok users are not only loyal, they also tend to be heavy mobile users, with 41% saying they spend more than six hours per day using mobile devices compared to 31% of all consumers.

Lobbyists and promoters for TikTokhave been heard to say that its young fans will remember the ban and seek retribution in the next election. Threats like that are easy to make but in the thick-skinned atmosphere on Capitol Hill they are regarded as being about as significant as, say, a cat's meow.



Photo Credit: Consumer Affairs News Department Images


Posted: 2025-01-10 22:17:12

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Consumer News: Doctors say your children’s holiday pictures could reveal a health issue
Wed, 24 Dec 2025 17:07:06 +0000

The glow can be a sign of a serious eye condition

By Mark Huffman of ConsumerAffairs
December 24, 2025
  • A holiday photo could reveal a hidden medical emergency. An unusual white or yellow reflection in a childs eye may be an early warning sign of serious eye disease.

  • The condition, known as the glow, is often first spotted by parentsnot doctors. Flash photography in dim lighting makes the holidays a prime time for accidental discoveries.

  • Early detection can save sight, eyes, and lives. Experts urge families to review their seasonal photos carefully and seek prompt care if they notice anything unusual.


As families gather this season to capture memories around twinkling lights and festive tables, a simple photograph could reveal something far more important than a perfect smile: a medical emergency hiding in plain sight.

Pediatric ophthalmologists refer to the phenomenon as the glow, a white, yellow, or opaque reflection that appears in a childs pupil in flash photography. While its easy to dismiss as a camera glitch and swipe past, that bright spot can be a critical clue to serious eye conditions, including retinoblastomaa rare childhood cancer that can be fatal if left untreated.

Thats why the American Academy of Ophthalmology is urging parents to take a closer look at their holiday pictures. In many cases, a parent or relative is the first to notice the abnormal reflection. These conditions are rarely caught during routine well-child visits, even though early detection is crucial.

20 different eye disorders

Medically known as leukocoria, the glow can signal more than 20 different eye disorders. Among them are retinoblastoma, Coats disease, retinal detachment, cataracts, infections that form granulomas, persistent fetal vasculature, and even severe differences in vision between the eyes that may require corrective lenses.

The holiday season creates almost perfect conditions for spotting the glow. Families take more photos, lighting is often dim, flash is commonly used, and children are photographed repeatedly from different angles by multiple peopleall factors that increase the chance of capturing the telltale reflection.

Parents are advised to look specifically for a white, yellow, or cloudy spot in the pupil, not the familiar red-eye effect, which is normal. The glow may appear when a child is looking slightly away from the camera, but the most concerning cases occur when the child is looking directly at it. Using flash and turning off red-eye reduction can make the reflection easier to spot.

When to be concerned

Seeing the glow once doesnt automatically mean something is wrong; sometimes its simply light reflecting off the optic nerve. But if it appears more than once in the same eye, experts recommend bringing those photos to an eye care professionaleither an optometrist or an ophthalmologistand asking for a comprehensive dilated eye exam.

Doctors say the end of the year often brings a spike in these accidental diagnoses. Jesse L. Berry, MD, director of the Ocular Oncology and Retinoblastoma Program at Childrens Hospital Los Angeles and a professor of ophthalmology at the Keck School of Medicine of USC, sees an increase in cases in late December and early January, when parents review photos from Christmas morning or New Years celebrations.

It can be vision-saving, eye-saving, and life-saving, Berry said. The earlier it is picked up, the easier it is for us to treat these tumors and to save the eyes and the vision.

Awareness efforts have grown in recent years, including Know the Glow, an international campaign founded by Megan Webber after her childs eye disease was first detected in a family photograph. Advocates hope that as more parents learn what to look for, a quick glance through holiday photos could make all the difference.


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Consumer News: Johnson & Johnson hit with record $15 billion verdict in talc case
Wed, 24 Dec 2025 14:07:06 +0000

The company vows to appeal, calling the verdict fundamentally flawed

By Mark Huffman of ConsumerAffairs
December 24, 2025
  • A jury returned a record-setting $15 billion verdict against Johnson & Johnson over claims tied to its talc-based baby powder.

  • Plaintiffs argued the company failed to adequately warn consumers about cancer risks allegedly linked to long-term use of the product.

  • Johnson & Johnson said it plans to appeal the decision, calling the verdict unsupported by science and evidence.


In one of the largest product-liability verdicts in U.S. history, a jury has ordered Johnson & Johnson to pay $15 billion in damages to plaintiffs who alleged that the companys talc-based baby powder caused cancer after years of regular use.

The verdict, delivered after a lengthy trial, marks a dramatic escalation in the long-running legal battle over talc products and their alleged links to ovarian cancer and other illnesses. Attorneys for the plaintiffs said the award reflects years of corporate misconduct and a failure to protect consumers from known risks.

Jurors heard testimony from medical experts and internal company documents that plaintiffs said showed Johnson & Johnson was aware of potential dangers associated with talc but continued to market the products as safe.

Johnson & Johnson has consistently denied those claims. In a statement released after the verdict, the company said the decision was fundamentally flawed and vowed to challenge it in court.

Decades of independent scientific studies confirm that talc does not cause cancer, the company said. This verdict contradicts the overwhelming weight of scientific evidence and will not stand on appeal.

Broad wave of litigation

The case is part of a broader wave of litigation that has dogged the healthcare conglomerate for years. Tens of thousands of lawsuits nationwide have alleged harm from talc products, prompting Johnson & Johnson to stop selling its talc-based baby powder in the U.S. and Canada in 2020, and later globally.

Legal experts say the size of the verdict could have far-reaching implications, both for Johnson & Johnsons litigation strategy and for other companies facing mass tort claims.

Investors reacted cautiously, with Johnson & Johnson shares slipping in early trading as markets digested the news. Analysts noted that while the company has previously succeeded in reducing or overturning large talc verdicts on appeal, the sheer scale of the award raises new questions about potential financial exposure.


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Consumer News: Winter weather can pose serious home safety risks
Wed, 24 Dec 2025 14:07:06 +0000

Power failures often lead to risky behavior

By Mark Huffman of ConsumerAffairs
December 24, 2025
  • Federal safety officials are warning that winter power outages sharply increase the risk of deadly carbon monoxide poisoning and house fires.

  • Portable generators, heaters, candles, and charcoal grills can become lethal if used incorrectly indoors.

  • The Consumer Product Safety Commission says simple precautions can save lives during storms and freezing weather.



As winter storms and bitter cold threaten millions of Americans, the U.S. Consumer Product Safety Commission is urging consumers to take extra precautions to prevent carbon monoxide (CO) poisoning, fires, and other home hazards that often spike during power outages.

One of the biggest dangers comes from gasoline-powered portable generators, which many households rely on when electricity is knocked out. According to the CPSC, carbon monoxide poisoning linked to portable generators kills an average of about 100 people in the U.S. each year.

CO is especially dangerous because it is colorless and odorless, meaning victims may lose consciousness before realizing anything is wrong.

CPSC officials stress that generators should never be operated inside homes, garages, basements, crawlspaces, sheds, or other enclosed areaseven if doors or windows are open.

Ventilation is inadequate

Ventilation from open windows is not enough to prevent deadly CO buildup. Generators should only be used outdoors, at least 20 feet away from the home, and never on porches or in carports. Exhaust should be directed away from buildings, and nearby windows and vents should be closed or sealed.

Consumers are also advised to follow manufacturers instructions carefully, especially during rain or snow, maintain generators regularly, and consider models equipped with automatic carbon monoxide shut-off features.

Working smoke alarms and carbon monoxide alarms are another critical line of defense. The CPSC recommends installing alarms on every level of the home and outside sleeping areas, with smoke alarms inside each bedroom. Alarms with battery backup are especially important during outages, and interconnected CO alarms provide added protection by sounding throughout the house when danger is detected. Alarms should be tested monthly, and batteries replaced as needed. If an alarm sounds, residents should get outside immediately and call 911.

Winter weather can also block exterior vents for furnaces and other fuel-burning appliances.Officials advise keeping snow and ice cleared away from these vents to prevent carbon monoxide from backing up into the home.

Fire risks

Portable heaters pose additional fire and safety risks if used improperly. The CPSC warns that heaters should be kept at least three feet away from anything flammable, including beds, curtains, furniture, and clothing. Heaters should sit on stable, level surfaces and should never be left running unattended in confined spaces. Electric heaters should always be plugged directly into wall outlets, not power strips, and cords should never be run under rugs or carpets. Extra caution is urged in homes with children or pets.

Other common winter hazards include charcoal and candles. Charcoal grills should never be used indoors or in garages, even with doors open, because burning charcoal produces lethal carbon monoxide.

Candles should be used sparingly, kept away from flammable materials, and never left unattended. Safety officials recommend flashlights or battery-operated candles as safer alternatives during outages.

Finally, the CPSC reminds consumers to take gas leaks seriously. Anyone who smells or hears leaking gas should leave the home immediately and contact local gas authorities from outside. Electronics, including lights and phones, should not be used before evacuating, as they could trigger an explosion.

With severe weather already affecting large parts of the country, safety officials say preparation and caution can mean the difference between a manageable inconvenience and a life-threatening emergency.


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Consumer News: FTC warns 10 companies about posting fake reviews
Wed, 24 Dec 2025 14:07:06 +0000

The agency said it is closely monitoring review-related practices

By Mark Huffman of ConsumerAffairs
December 24, 2025
  • Federal Trade Commission staff sent letters to 10 companies, warning them of potential violations of the agencys Consumer Review Rule, which governs how product reviews and testimonials can be used in advertising and marketing.

  • The warnings come amid heightened concern about deceptive online reviews, especially during the holiday shopping season when consumers heavily rely on ratings and testimonials.

  • The FTC emphasized that violations of the Rule can lead to significant penalties, including federal lawsuits and civil fines of up to $53,088 per violation.


The Federal Trade Commission has issued warning letters to 10 companies, cautioning them that certain practices involving online consumer reviews may violate the agencys Consumer Review Rule. The letters, sent by FTC staff, highlight the agencys ongoing scrutiny of how businesses collect, present, and promote customer feedback.

Fake or false consumer reviews are detrimental to consumers ability to make accurate and informed choices about the products they are buying something of particular importance during the holiday season, said Christopher Mufarrige, Director of the FTCs Bureau of Consumer Protection.

He added that as shoppers increasingly depend on online reviews, the agency remains committed to ensuring companies comply with the Rule.

Designed to prevent deceptive practices

The Consumer Review Rule is designed to prevent deceptive and unfair practices related to reviews and testimonials. It prohibits misrepresenting whether a reviewer actually used a product or service, as well as distorting whether the reviewers experience was positive or negative.

The Rule also bans companies from offering compensation or incentives that are conditioned on reviewers expressing a particular viewpoint, whether favorable or unfavorable.

In addition, businesses must disclose when reviews are written by company insiders or their immediate family members. Other provisions address practices such as suppressing certain reviews, manipulating company-controlled review platforms, and misusing indicators of social media influence, including follower counts or view totals, in a misleading way.

Companies put on notice

The FTC stressed that the warning letters do not constitute formal findings that the companies violated the Rule. Instead, they are intended to put recipients on notice of their legal obligations and the potential consequences of noncompliance. According to the agency, violations of the Consumer Review Rule can result in enforcement actions, including federal lawsuits and civil penalties of up to $53,088 for each violation.

By sending these letters, the FTC signaled that it is closely monitoring review-related practices and expects companies to take proactive steps to ensure their marketing accurately reflects genuine consumer experiences.


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Consumer News: Consumer confidence continued to erode in December
Wed, 24 Dec 2025 14:07:06 +0000

Inflation, trade and politics contribute to concerns

By Mark Huffman of ConsumerAffairs
December 24, 2025
  • Consumer confidence slid again in December, with The Conference Boards Consumer Confidence Index falling 3.8 points to 89.1, reflecting renewed unease despite an upward revision to Novembers reading after the federal government shutdown ended.

  • Views of current conditions deteriorated sharply, as the Present Situation Index plunged 9.5 points to 116.8, marking the first negative net assessment of business conditions since late 2024.

  • Recession worries persist, with the Expectations Index holding at 70.7below the key recession-warning threshold of 80 for the 11th straight montheven as some outlooks for inflation, stocks, and family finances showed tentative improvement.


U.S. consumers ended the year feeling less confident about the economy, according to the latest Consumer Confidence Survey from The Conference Board. The headline Consumer Confidence Index dropped to 89.1 in December from a revised 92.9 in November, remaining well below its peak earlier in the year.

The decline came even after Novembers index was revised higher, reflecting more optimistic responses collected after the federal government shutdown ended in mid-November. Still, Decembers pullback underscored lingering anxiety, particularly about present-day economic conditions.

The Present Situation Index, which gauges consumers views of current business and labor market conditions, suffered the steepest setback. It fell 9.5 points to 116.8, as assessments of business conditions turned negative on net for the first time since September 2024a period marked by labor market turmoil and severe weather events.

Doubts about the job market

Labor market perceptions also weakened. Fewer consumers described jobs as plentiful, while a slightly higher share said jobs were hard to get, continuing a trend of softening confidence in employment conditions.

Expectations about the future were mixed. The Expectations Index, which measures consumers outlook for income, business, and labor market conditions over the next six months, held steady at 70.7. That level remains below 80, a threshold that historically signals recession risk ahead.

Two of the three expectations components dipped in December, with gloomier views on the labor market and household income prospects offsetting a partial rebound in expectations for future business conditions.

Despite an upward revision in November related to the end of the shutdown, consumer confidence fell again in December and remained well below this years January peak, said Dana Peterson, chief economist at The Conference Board. Four of five components of the overall index fell, while one was at a level signaling notable weakness.

Broad-based softness

Demographic data showed broad-based softness. On a six-month moving average, confidence declined across all age groups, though consumers under 35 remained more upbeat than older cohorts. Millennials and Gen Z continued to rank as the most optimistic generations, while the Silent Generation was the only group to show a modest improvement.

By income, confidence fell in nearly every bracket except households earning under $15,000 and those earning more than $125,000, though the lowest-income group remained the least optimistic overall. Confidence also slipped among Democrats, Republicans, and Independents alike.

Write-in responses revealed what was weighing on consumers minds. Prices and inflation, tariffs and trade, and politics continued to dominate concerns, but December saw rising mentions of immigration, global conflicts, and personal finance issues such as interest rates, taxes, banking, and insurance.

The overall tone remained pessimistic, though slightly less so than in November, possibly reflecting fewer negative comments about inflation and a rebound in positive sentiment around interest rates following the Federal Reserves third rate cut of 2025 on December 10.

Even so, more consumers on balance expected interest rates to rise, and fewer anticipated further declines. Inflation expectations eased in December after rising the month before, while optimism about stock prices over the next year reached its highest level since January 2025.

Household finances painted a conflicted picture. Consumers assessments of their familys current financial situation slipped into negative territory for the first time in nearly four years. At the same time, expectations for future family finances improved to their most positive level since January.


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