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A Phoenix girl who was severely burned in March was visited by Grammy-winning artist Taylor Swift on Saturday. Eight-year-old Isabella and her father were injured on March 17 following an accident involving flammable liquids in north Phoenix. Swift stopped by the Maricopa Integrated Health System burn center in Phoenix to visit Isabella as she continues to undergo treatment. Swift is scheduled to perform at the University of Phoenix Stadium in Glendale on Tuesday at 7 p.m. 522
A Massachusetts school district is waiting to see how many students test positive for the novel coronavirus after one student came to school after testing positive for the virus. Almost 30 teens had to go into quarantine. The student in question reportedly got the positive test results on Friday, Sept. 11, and still went to school the following Monday.Are there legal ramifications to knowingly going out in public spaces while infected with COVID-19?Mike Lawlor, an associate professor of criminal justice at the University of New Haven, says there are two types of law that could be at play: criminal law and civil law.If someone gets infected and you can trace it back to a specific exposure where the person knew they had COVID-19, then that would be a case of reckless endangerment."Almost every state has a law like this. On top of that, if you can show that people intentionally did this and it’s certainly conceivable that someone intentionally tried to expose people to the virus-- if you can show that they actually got the virus-- then that would be an assault," explained Lawlor.But Lawlor says whether criminally prosecuting is a good idea or not is debatable. What is more likely is a civil case in the form of negligence or willful misconduct."This does have a cost when you do it, right? There’s an emergency cleaning operation that has to take place. These other students have to be provided for in distance learning. And if anyone were to be able to demonstrate they were exposed and became positive, the health consequences of that could be very significant," said Lawlor.He says, either way, both the student and the parents run the risk of criminal prosecution. 1692

A trendy shampoo making all sorts of promises has proven to be a real head-scratcher for both consumers and state investigators.Monat is mostly sold person-to-person through multi-level marketing.In 2018, 13 Investigates first broke the story of allegations of balding and scalp sores by some of its users.Lather, rinse, repeat: Monat is once again under the microscope, this time signing a compliance agreement and issuing refunds."I started noticing my hair was just falling out in handfuls," said Pam Benson of Moore, OK. She says her problems started after using Monat hair care products."I had also tried this on my daughter and my granddaughter. I tried the children's version on my granddaughter and her hair was falling out and my daughter's hair fell out."Benson says before Monat, "My hair was so thick that I couldn't put a ponytail holder around it twice." And after... "my hair got so thin I could put it around four or five times."When she complained to the company, she says a Monat rep told her, "It was detox. And they said your hair has to detox and get rid of all the build-up that's on your hair."That's just one of the claims the multi-level marketer is no longer allowed to make. In August, Monat signed an "Assurance of Voluntary Compliance" to resolve an investigation by the Attorney General in Florida, where Monat is headquartered. The attorney general's office launched its investigation into Monat's claims and business practices after a 13 investigation in March of 2018. The office was aware of more than 800 consumer complaints across the country."I had a very close friend who insisted that this was the best thing since sliced bread," said Las Vegas Realtor Lynne Bloomquist.She spent nearly 0 on Monat products in July 2018 but was able to get a refund after complaining to Monat that she had problems with her shampoo right away."My hair came out not feeling clean," Bloomquist said. She told them her hair lost its natural curl. And her scalp?"The biggest problem was the continuous itching," she said. Women across the country shared similar experiences in our initial investigation."I literally had almost a baseball size of hair in my hand. It's devastating," said Dana Sohovich, of San Diego in a 2018 interview."She's lost 3/4 of it. Her hair is breaking off," said Jessica Deetz, of Indianapolis, talking about her baby daughter. "I found massive amounts of hair--that were concerning--in her crib.""It was supposed to strengthen your hair," said Heather Fox, of Phoenix. "It was an expensive product and I thought it would help my hair, but instead, I'm devastated."The Florida agreement addresses those concerns. Attorney General Ashley Moody released this statement: "Consumers deserve full transparency and disclosure when purchasing products. Through our action, the company is permanently barred from making false or misleading statements in its marketing and sale of its beauty products, including with respect to its discount offers, and from making unsubstantiated claims regarding the supposed health benefits, safety, performance or efficacy of its products. I am also glad that my Consumer Protection Division secured refunds for consumers who relied on the company’s sales pitches and bought its products. I encourage any consumer who believes they were misled by the company and purchased a beauty product based upon the company’s untrue or unsubstantiated marketing and sales pitches to please contact my office—they may be eligible for a refund.” Consumers can contact our office by calling 1(866) 9NO-SCAM or file a complaint online at MyFloridaLegal.com.In the agreement, Monat says it has fully refunded ,000 to consumers so far, adding that it fully cooperated with the attorney general and presented "Thousands of pages of clinical studies that demonstrate (product) safety and efficacy... Acted reasonably and in good faith and conducted business fairly and honestly." The attorney general takes no position on those claims.In a new video supplied to the Attorney General as part of their ongoing compliance review, Monat Senior Vice President and Chief Legal Officer Tom Hoolihan talked about the agreement with executives and market partners earlier this month."You will hear that we can't claim we're vegan, we can't claim the benefits of our products. That's absolutely false," Hoolihan says. "We’ve got to make sure that the claims that we make are based on reliable and competent data. Are we vegan? Yes. Can we say that we’re gluten free? Yes. Can we say that we’re Leaping Bunny certified? Absolutely."Per the compliance agreement, Monat can't make any product claims that aren't supported by reliable, objective scientific evidence accepted by experts. The company must also preserve all data and documents about any clinical test or study, including who sponsored it. In signing the AVC, Monat didn't admit to any violations."You shouldn't be allowed to harm someone and say oh, I won't do it anymore. And then it be OK," said consumer Pam Benson. "Just because they didn't take accountability doesn't mean it didn't happen."There was no civil penalty, but Monat has to pay 0,000 to the A.G. to cover attorney's fees, investigative costs, and future enforcement."We had some issues, we took care of those issues, and going forward we’re going to make sure we don’t have those issues again. And it's all good," Hoolihan said in Monat's September Director Webinar. "I'm not worried about it. You shouldn't be worried about it. Ray (Urdaneta) and Stuart (MacMillan) aren't worried about it. It's boring legal stuff."Attorney Janet Varnell sees it differently. "This was a major investigation. And I don't believe for one minute that they should be taking it as lightly as they obviously are."Varnell represents plaintiffs in a pending class-action lawsuit against Monat that includes cases consolidated from across the country."We do not believe, and I do not believe as (the consumers') lawyer, that they (Monat) were operating on a sound scientific basis for making the types of claims they were making. This shampoo does not re-grow your hair! They can't prove that today and they couldn't prove it when they first started selling it."The lawsuit is separate from the Attorney General's action. Varnell sees both as consumer victories."The single most important thing that any Attorney General's office can do is get injunctive relief that stops bad practices. And that has definitely happened."On that September video call, Monat President Stuart MacMillan described some of the company's critics as "Haters.""Don't let the haters dictate to you what you can and cannot say," MacMillan tells the company's sales force. "Let that come from us."13 Investigates discovered something that came from them after signing the agreement with the Florida attorney general: In screenshots posted about a new sunscreen, Monat market partners claim Monat's Sun Veil SPF 30 is "Approved by the Skin Cancer Foundation." But in an email shared with 13 Investigates, the Skin Cancer Foundation said, "Monat has not submitted an application for Sun Veil SPF 30 and therefore it has not earned the Seal of Recommendation for being a safe and effective broad-spectrum sunscreen."We questioned Monat about that and they sent the following statement: "Some independent Market Partners may be getting a little ahead of themselves following our announcement of our forthcoming Sun Veil SPF 30 product. And, that’s our fault based on an announcement we made at a company event for our sales force two weeks ago. Indeed, we have submitted an application for a Seal of Recommendation from the Skin Cancer Foundation and as of Monday afternoon, September 21, 2020 the Foundation has notified us that our application has been approved. The product has not yet launched and is not yet available for sale. We are a proud member of the Skin Cancer Foundation Corporate Council. We remain in close touch with the Florida Attorney General’s Office to ensure we are in compliance with the Assurance of Voluntary Compliance that stemmed from matters related to our rapid growth in 2017 and 2018."The Florida attorney general is currently looking into the sunscreen claims. Per their agreement, for the next five years, Monat must allow the attorney general representatives access to any office, warehouse, retail location, or document storing facility to inspect and copy records and take sworn testimony. Monat must also quickly respond to customer complaints via a dedicated customer support number and email address.Click here to read the full agreement.Addendum to the court filingMonat sent the following expanded statement about the AVC: "We have been working closely with the Florida Attorney General’s office to address a number of matters related to customer relations and our rapid growth since 2017. We worked closely with the Florida Attorney General’s office to address a number of consumer complaints they received, providing thousands of pages of documentation and addressing each and every compliant. Some of the complaints also derived from overly aggressive marketing claims from some Market Partners. After a two-year process, we are pleased this matter has come to a close with no findings of wrongdoing. Our working relationship with the Florida AG’s office was productive and positive and they brought some important matters to light while empowering us to address them. We have clarified and more carefully addressed our marketing messages and our process for handling complaints to improve the customer experience. We grew incredibly fast in 2017 and 2018 – faster than we expected. We also grew faster than we were prepared for and as a result, we had some issues to address. We are confident, however, those issues around customer service, product returns, and clarity on our marketing messages have been resolved. We do not claim to be perfect, but over the last few years, we have worked hard to make great strides in building our corporate infrastructure: · We welcomed a new Vice President of Customer Care · Built out an enhanced customer service department · Started and then expanded our Compliance & Legal Department · As part of this compliance effort, we are now taking a more rigid approach to monitoring Market Partner messages and claims · We also welcomed a new Chief Science Officer Now, as we approach a billion dollars in sales with more than 2 million customers in 5 markets around the world, we continue to focus on manufacturing the safest and effective premium hair and skincare products. Each year we spend hundreds of thousands of dollars – over a million now in total -- to conduct thousands of tests to ensure our products are safe and effective. We continue to engage third-party scientific testing laboratories to validate the safety and effectiveness of our products. In each case the findings are conclusive -- our products are safe and effective for their intended purpose. Our company is stronger today because of our experience with the State of Florida and we look forward to a bright future for our employees, our Market Partners and our more than 2 million customers worldwide."Click here for more of our previous coverage.Click here for previous story about accusations of strong-arm legal tactics to silence critics. 11396
A panel of three federal judges in North Carolina ruled Monday the state's congressional map is an unconstitutional partisan gerrymander that favors Republicans, and said it may require districts to be redrawn before the November elections.Republicans hold 10 of the state's 13 seats in the House of Representatives, and a redrawn map could put more seats in play for Democrats -- potentially affecting control of the House.The judges acknowledged primary elections have already occurred, but said they were reluctant to let voting take place in districts that courts twice found had been unconstitutionally drawn.The same decision was reached by the court in January, but the Supreme Court declined in June to hear the case and it was sent back for reconsideration. The Supreme Court has never ruled a partisan gerrymander to be unconstitutional, and it passed up three separate opportunities to do so in the last term.The decision Monday could result in an election-year appeal to the Supreme Court. The court is currently evenly split on ideological lines and lacks a ninth justice to tip the scale. The court also traditionally does not approve of judicial actions so close to an election that could affect the outcome. 1231
A survey of parents across the United States estimates that one in 40 children has autism spectrum disorder, according to a study published Monday in the journal Pediatrics.In other words, the condition was reported in 2.5% of children, representing an estimated 1.5 million kids ages 3 to 17.A report released this year by the US Centers for Disease Control and Prevention estimated the prevalence at one in 59 children or about 1.7%, based on 2014 data."Prevalence is not growing that rapidly, although the CDC's data suggests it is still growing," Thomas Frazier, chief science officer of the advocacy organization Autism Speaks, said in an emailed statement. He was not involved in the new report."What is happening is that these studies use methods that are a bit more liberal and inclusive than the CDC's methods," Frazier said, adding that he prefers the CDC's numbers but understands "that they are likely a bit conservative."The new study is based on the 2016 National Survey of Children's Health, which was conducted by the US Census Bureau and which collected information from parents of more than 50,000 children up to age 17. To be included in the estimate, parents would have had to report that their child had ever received a diagnosis of autism spectrum disorder and that they currently had the condition.The new numbers were also slightly lower than those in the 2017 National Health Interview Survey. It estimated that 2.76% of children had ever received such a diagnosis, which the authors of the new report note is a broader definition.The fact that the new study relies on parental reporting -- which is not validated by health and education records, as in the CDC report -- may be a limitation despite the broad scope of the research, the authors say.Frazier said the 1-in-40 figure is "generally consistent with previous parent surveys and other direct prevalence studies where researchers directly screen for and attempt to identify autism."The parents in the new study also reported more difficulties getting the health care their children need, versus those with Down syndrome, or other behavioral disorder, such as attention-deficit hyperactivity disorder."Though we've seen progress in recent years, this confirms what we know from our parents -- that many children face unacceptable delays in getting a diagnostic evaluation, even after parents, teachers or other caregivers have recognized the signs of autism," Frazier said.In the new study, more than a quarter of children with autism spectrum disorder were taking medication for symptoms related to the condition, and nearly two-thirds have received "behavioral treatments" in the past year, the study says.It also found a higher prevalence for autism spectrum disorder among certain groups such as boys, children of single mothers and households below the federal poverty level, compared with those at least four times above that income threshold.The differences between the new study's numbers and those of the CDC study might be explained by the years they were conducted, the ages of children studied and where they lived, according to the new study.The CDC report was based on data collected from 11 communities across the country but was not necessarily nationally representative, according to that report's co-author Daisy Christensen, surveillance team lead in the developmental disabilities branch of the CDC's National Center on Birth Defects and Developmental Disabilities."Parents know their child best," Christensen, who was not involved in the new report, previously told CNN. "We want to encourage parents to be aware of their child's development, to be aware of the milestones that children achieve."Autism spectrum disorder, a lifelong developmental disability, is characterized by problems with communication and social interaction with accompanying repetitive behavior patterns.The authors note that it's difficult to compare the new report with prior iterations due to updates in how the survey collected its data and how questions were worded."We cannot tell what proportion was explained by internal survey changes rather than external factors," the authors wrote.Still, the report comes as estimated prevalences of the disorder have been rising for decades."Over the '80s and '90s, the diagnostic criteria expanded to include more children," Christensen said, "so I think that's definitely a possibility for the increase that we've seen."In the past, more than half of children identified with autism also had intellectual disability, and now it's about a third, she said. "And that's really consistent with identifying children who are perhaps at the milder end of the spectrum."The new study's authors also note that universal screening recommendations in the 2000s may have led to a rise in prevalence among younger children, for example."Because there is no biological marker, [autism spectrum disorder] is a particularly challenging condition to track," the authors note.But understanding how common it is allows health experts to distribute resources and get families the help they need, according to Frazier."Having prevalence estimates -- even if there is some variation -- helps us to advocate for improved screening, diagnosis, interventions and supports," he said. 5314
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