PierPass: Customer Service Advisory: POLA and POLB Marine Terminal Gates Closed on Thursday, Feb. 4, 2016 at 5 p.m.
PierPass
PierPass Inc. has been notified that the International Longshore and Warehouse Union (ILWU) will observe a special stop work meeting for union business on Thursday, February 4, 2016, starting at 5 p.m. As a result, no marine terminal gates at the Port of Los Angeles and the Port of Long Beach will operate between the hours of 5:00 p.m. on February 4 through 3:00 a.m. on February 5. There will be no OffPeak shift Thursday night.
Please check with individual terminals for substitute or alternative gates.
This labor shutdown falls under Rule 5 of the Marine Terminal Operator Schedule No. 1, which is available at: http://www.pierpass.org/wp-content/uploads/2015/12/WCMTOA-Schedule-_12-15-2015.pdf
FTC Proposes Revisions to Guides for the Jewelry, Precious Metals, and Pewter Industries
Grunfeld, Desiderio, Lebowitz, Silverman & Klestadt LLP
In a Federal Register notice dated January 12, 2016, the Federal Trade Commission (“FTC”) is seeking comments on proposed amendments to its Guides for the Jewelry, Precious Metals, and Pewter Industries (“Jewelry Guides”). Companies are encouraged to submit comments to the FTC before the changes are finalized as these proposed changes may have a significant impact on current marketing practices. Comments are due by April 4, 2016.
In July 2012, the FTC initiated a regulatory review of the Jewelry Guides which yielded information related to technological developments and changes in industry standards as well as consumer perceptions related to the jewelry industry. Based on this review, the FTC has proposed revisions to the marketing and disclosure requirements in the Jewelry Guides that are intended to avoid consumer deception[1] in the following areas:
Products with a Surface Application of Precious Metals
- Surface application of platinum and silver: The sections addressing surface application of platinum and silver would be amended. Products featuring only a surface application of silver or platinum could not be described using “silver” or “platinum” unless the term was qualified to indicate that the product features only a surface layer of the precious metal.
- Surface application of gold: The sections addressing surface application of gold would be amended. A definition of the term “reasonable durability” would be included. Higher thickness would be required for marking products as Gold Filled, Gold Overlay, Rolled Gold Plate, Gold Plate, and Gold Plated. Higher karat fineness would be required for marking products featuring gold applied using electrolytic processes.
- Surface application of rhodium: A new section would be added related to surface applications of rhodium. Disclosure would be required where products featuring a surface application of rhodium are marked or described as precious metal such as “white gold” or “silver.”
Products Containing More than One Precious Metal
- A new section would be added related to misrepresentation where products contain two or more metals. Marketers would generally be required to list precious metals in order of their relative weight, from highest weight to lowest. Where the consumer would not be misled, precious metals would not need to be listed in order of their relative weight (e.g., “14k gold-accented silver”).
Alloys with Precious Metals in Amounts Below Minimum Thresholds
- The sections related to use of the terms “gold” or “silver” to describe or mark a product with precious metals below the minimum threshold would be amended. The proposed amendments would not apply to use of the term platinum to describe or mark a product with precious metals below the minimum threshold.
- Where marketers have reliable scientific evidence that products containing gold or silver below the minimum threshold have materially similar properties to at- or above-threshold products, the marketers would be permitted to non-deceptively reference the precious metal without additional disclosures other than purity.
- Where the product does not have materially similar properties, marketers would be permitted to non-deceptively reference the preciously metal as long as they disclose that the product may not have the same properties as jewelry made with the same precious metal in an amount at or above the minimum threshold.
Lead-Glass-Filled Stones
- A new note would be added addressing lead-glass-filled stones. Where stones are filled with a substantial quantity of lead glass, it would be unfair or deceptive for marketers to:
- Use the unqualified name of any precious or semi-precious stone (e.g., “ruby” or “sapphire”);
- Describe the stone as “treated,” “laboratory-grown,” “laboratory-created,” “[manufacturer-name]-created,” or “synthetic”; or
- Describe the stone as “composite,” “hybrid,” or “manufactured” without qualification.
Varietals
- A new section would be added addressing varietals. A varietal describes a division of gem type based on color, optical phenomenon, or other distinguishing characteristic such as crystal structure. It would be unfair or deceptive for marketers to mark or describe a product with an incorrect varietal name. For example, it would be unfair or deceptive to use the term “yellow emerald” to describe a golden beryl or heliodor and it would be unfair or deceptive to use the term “green amethyst” to describe prasiolite.
“Cultured” Diamonds
- A new section would be added addressing cultured diamonds. It would not be unfair or deceptive to use the term “cultured” to describe laboratory-created diamonds if the term is accompanied by a qualifier such as “laboratory-created” or “synthetic.”
Misuse of the Word “Gem”
- The sections currently addressing misuse of the word “gem” in general and as applied to pearls would be removed. Instead, misuse of the word “gem” would be addressed under the same section addressing misuse of the words “ruby,” “sapphire,” “emerald,” “topaz,” “stone,” “birthstone,” and “gemstone.”
Treatments to Pearl Products
- A new section would be added addressing disclosures of treatments to pearls and cultured pearls. Where a pearl or cultured pearl is treated, marketers would be required to disclose the treatment if the treatment: (a) is not permanent; (b) creates special care requirements or (c) has a significant effect on the product’s value.
- __________________________________
[1] Industry guides are intended to help companies comply with legal requirements and are not independently enforceable. However, failure to follow the guides may still result in an enforcement action under the FTC Act, 15 U.S.C. §45, based on a finding of deception or unfair practice. Section 5 of the FTC Act prohibits deceptive or unfair acts or practices. An act or practice is deceptive if it involves a material statement or omission that would mislead a consumer acting reasonably under the circumstances.
Columbia Appeals Panel Report on Imports of Textiles, Apparel and Footwear from Panama
World Trade Organization
Columbia appeals panel report on imports of textiles, apparel and footwear from Panama
Don’t Be Tempted to Use Expired Medicines
U.S. Food & Drug Adminisration
Taking out-of-date drugs carries certain risks
Out with the old! Be it the fresh start of a new year or a spring cleaning, consumers are encouraged to take stock of what has surpassed its usefulness. Medicines are no exception.
In 1979, the U.S. Food and Drug Administration (FDA) began requiring an expiration date on prescription and over-the counter medicines. “The medicine expiration date is a critical part of deciding if the product is safe to use and will work as intended,” says Ilisa Bernstein, Pharm.D., J.D., Deputy Director of the Office of Compliance in FDA’s Center for Drug Evaluation and Research.
The expiration date can be found printed on the label or stamped onto the bottle or carton, sometimes following “EXP.” It is important to know and stick to the expiration date on your medicine. Using expired medical products is risky and possibly harmful to your health.
If you are aware of or suspect a company or individual of infringing your trademark or copyright, please report the trade violation to e-Allegations Online Trade Violation Reporting System or by calling 1-800-BE-ALERT. Consumers may also report incidents to the Consumer Products Safety Commission via SaferProducts.gov.
Expired medicines can be risky
Expired medical products can be less effective or risky due to a change in chemical composition or a decrease in strength. Certain expired medications are at risk of bacterial growth and sub-potent antibiotics can fail to treat infections, leading to more serious illnesses and antibiotic resistance. “Once the expiration date has passed there is no guarantee that the medicine will be safe and effective,” says Bernstein. “If your medicine has expired, do not use it.”
In addition, many Americans may not be not aware that medicines that languish in home cabinets are highly susceptible to diversion, misuse, and abuse,” according to a statement by the U.S. Drug Enforcement Administration. “Rates of prescription drug abuse in the United States are at alarming rates, as are the number of accidental poisonings and overdoses due to these drugs. Studies show that many abused prescription drugs are obtained from family and friends, including from the home medicine cabinet.”
Finally, expired medicines are also not just a risk to the person they were prescribed for, and can injure children and pets if taken by mistake. For all these reasons, proper disposal of unneeded medicines is essential!
What to do with expired meds
First, read the medicine’s label and follow any specific disposal instructions that may be included. A drug take-back program, if available, is the preferred way to dispose of expired, unwanted or unused medicine. For example, the National Prescription Drug Take-Back Day, coordinated by the DEA, addresses a vital public safety and public health issue by focusing attention on this important issue and reminding everyone to get rid of unneeded and outdated medicines. Through this important program many tons of unneeded and out-date drugs have been removed for proper disposal.
When drug take-back programs aren’t available, federal guidelines recommend throwing the medicines away in the household trash after mixing them with a substance like dirt or kitty litter and then sealing the mixture in a container (see graphic at right). However, certain medicines are specifically recommended for flushing down a toilet or sink because they could be especially harmful, even fatal, to a child, pet, or anyone else if taken accidentally. For a list of medicines recommended for disposal by flushing, as well as other information on proper disposal, please see the Disposal of Unused Medicines page.
A place for everything
Proper storage is one way to help make sure your medicines will remain safe and effective up to their expiration date. Be sure to read the label to see if there are specific storage instructions for your medicine. Certain medicines need to be stored in the refrigerator and others cannot be exposed to high temperatures. Improper storage – such as a damp bathroom cabinet – can contribute to decreased effectiveness in medicines that have not reached their posted expiration date. For most medicines, to help ensure the proper shelf life of your medicine, it is better to store medicine in a cool, dry place such as a dresser drawer, storage box, closet shelf or kitchen cabinet.
When storing medicine in a kitchen cabinet make sure that it is away from hot appliances and the sink due to changing temperatures and humidity, which can affect the medicine. When storing medicine in a high traffic area, like a kitchen, care should be taken to prevent access by children at risk of accidental poisoning or others who may be tempted to take for abuse/misuse.
Remember to store medicines properly and don’t use expired medicines -- it’s not worth the risk!
Fact Sheet from the Departments of the Treasury and Health and Human Services on Preparing for Tax Season
U.S. Department of The Treasury
WASHINGTON – As tax filing season begins, the U.S Department of Health and Human Services and the Treasury Department are once again putting in place resources to help tax filers understand how health care intersects with their taxes. Reporting information about health coverage is still a new process, but it is becoming a routine part of tax season. In order to help address questions individuals may have about their responsibilities, the Administration is highlighting available resources and tools to help make the process as easy as possible.
Treasury Assistant Secretary for Tax Policy, Mark Mazur, and Kevin Counihan, CEO of the Health Insurance Marketplace, released the following statements today providing an overview of the consumer support and assistance the Administration will provide:
Assistant Secretary for Tax Policy, Mark Mazur:
- “While this is only the second year that taxpayers need to report information about their health coverage when filing their income tax returns, we expect that these requirements will soon become a routine part of tax time. The vast majority of Americans simply need to check a box on their tax return to indicate they had health coverage all year. Others who chose not to purchase health insurance may have to pay a fee, or can claim an exemption if they qualify. We are working to ensure that consumers can easily access clear information on what the requirements mean for them as they prepare to file their taxes.”
CEO of the Health Insurance Marketplace, Kevin Counihan:
- “Because of the Health Insurance Marketplaces, millions of Americans have gotten the security that comes with having quality, affordable health insurance. With most of these consumers receiving tax credits to make their monthly premiums more affordable, it’s important that we do everything we can to arm these consumers with the information they need to better understand their responsibilities when it comes to filing their taxes. With less than two weeks before the final January 31 deadline for 2016 coverage, it’s also important that every uninsured American understands their options for finding affordable health coverage so they don’t risk paying a penalty of $695 or more for not having coverage in 2016.”
Similar to last year, the vast majority of taxpayers just need to check a box to indicate they have coverage. While those who can afford to buy health insurance and choose not to may have to pay a fee, individuals who cannot afford coverage or meet other conditions can receive an exemption. Those with Marketplace coverage will receive a tax statement in the mail from the Marketplace called a Form 1095-A. Now that people know their final income for the year, they need to reconcile the difference between the amount of financial assistance they received during the year to help lower the cost of their premiums with the actual amount they should have received based on their 2015 earnings. Information included on their Form 1095-A will help them do this. Consumers who do not file a tax return to reconcile their financial assistance will not be eligible to receive financial help in future years.
This year, many consumers with coverage from a non-Marketplace source will receive a new form in the mail called a Form 1095-B or a Form 1095-C, describing the coverage they had for the year. This form will be sent by their employer, insurance company, or the government program that provides their coverage, such as Medicare or Medicaid. Consumers do not need to attach this information to their tax return or wait to receive the form before filling their tax return. If consumers do receive one of these forms, they should keep it in a safe place with their other tax records.
Tools are available for individuals who have questions about their tax filing responsibilities under the Affordable Care Act. General resources can be found at www.IRS.gov/Affordable-Care-Act or www.HealthCare.gov/taxes/. A sampling of some of resources available, include:
Most people use software to file their taxes, which is the easiest way to complete a tax return, as it guides taxpayers through the process and does all of the math. Resources are available to help file taxes, including free tax filing services for individuals who meet certain income requirements:
There are also tools available through HealthCare.gov that help consumers understand if they qualify for an exemption and if they had coverage, how much in tax credits they may qualify for based on their income.
- Exemption Tool: An online tool is available on HealthCare.gov to help consumers who did not have insurance last year understand if they might qualify for an exemption.
- Premium Tax Credit Tool: Use a tool to get information you may need to determine your 2015 premium tax credit.
To reach consumers with the information they need to prepare for this tax season, the Administration will employ a variety of outreach strategies. Outreach and consumer education efforts will include:
- Direct outreach to Marketplace consumers. Through email, phone, and text messages the Administration will reach out to those who got coverage through the Health Insurance Marketplace with personalized information that is most relevant to their tax status. We will provide targeted messaging to consumers who benefited from advance premium tax credits to make sure they understand their responsibility to file their taxes and reconcile their tax credits.
- Community-based outreach and in-person assistance. Working with community organizations on the ground, nonprofit organizations, Marketplace navigators and other in-person assisters, we will provide guidance and resources to consumers looking for answers.
Partnerships with top tax preparers. The Administration will continue to work with top tax preparers to provide consumers with the information they need to prepare for tax season.j