Facebook Made a Hero out of Adam Guerbuez

October 7th, 2010. By Hunter West

Okay, we’ve all heard about him by now. “The 873 Million Dollar Man,” otherwise known as Adam Guerbuez, the Montreal computer whiz and self-confessed internet marketer who was found to have sent millions of unwanted and uninvited solicitations to Facebook users for everything from erectile dysfunction and penis enlargements to marijuana products. 

Facebook took him to court, and two years ago a California court convicted Guerbuez of violating US anti-spam laws. He was fined a couple of hundred bucks for every spam (advertisement) he sent, which totals $873.3 million, when you add it all up. 

Last week the Quebec Superior Court upheld the US ruling, in theory requiring Guerbuez to pay the judgment. 

Give me a break. 

First of all, no one of Guerbuez’s financial stature and position has that kind of money lying around. This is just a guy and a laptop. And if you want to be really impressed, that $873.3 million when converted to Canadian funds at the 2008 exchange rate equates too more than a billion dollars Canadian. 

That’s like the US music publishing industry fining a single mom millions of dollars for allegedly pulling off music from peer Internet music sites without permission, violating copyright. Or fining some guy millions of dollars for pulling movies off the web before their theatrical release. 

Okay, if they re-sold this stuff and made millions, then such a fine would be appropriate. But they’re not. We’re talking a single mom pulling down tunes because her daughter is Read the rest of this entry »

Maybe Chevy HHR should stand for How ’bout Having a Recall

October 6th, 2010. By AbiK

These are the kind of things that piss me off. A fellow LAS staffer just happens to have a Chevy HHR. The HHR apparently stands for “Heritage High Roof”. At least that’s what Wikipedia says (you can tell I didn’t research that one too deeply). But I’m thinking HHR ought to stand for “HOW ’bout HAVING a RECALL?”.

Yes, a recall. For a design defect. For the ignition switch. It seems the HHR ignition switch has a tendency to get a bit, well, stuck. And that’s precisely what happened when my colleague drove into her driveway last Saturday evening. The key in her HHR got stuck. In the ignition. With the car running. Repeat: running.

Now, I’m sure many of us have experienced that damn-the-key’s-stuck thing—or the opposite, when you go to start the ignition and the key won’t turn at all. Usually a quick tug on the steering wheel will unlock the mechanism that allows your key to function properly. But what if that doesn’t work? And the car is running? Repeat: running.

What do you do? Aside, that is, from flashing back to Jackson Browne’s Running on Empty and realizing your car’s heading there—only it won’t be running on, running behind, or into the sun. It’ll be dead. 

Here’s what our staffer did: She called AAA. Hell, she has a membership and they’re Read the rest of this entry »

Criminal Medicine: Best Defense, Sadly, is a Good Offense

October 6th, 2010. By LucyC

If finding the right medication feels a bit like a minefield lately, it’s no wonder.

It’s not been a banner time for Pharma—these past few years. So many drugs and medical products in general seem to be linked with serious, if not life-threatening adverse events. You may recognize some of the names on the hit parade: drugs such as Accutane and a possible link with inflammatory bowel disease (IBD); proton pump inhibitors (antacid drugs) and increased risk for hip fractures; Reglan and its link with Tardive Dyskinesia; Byetta—a diabetes medication linked with kidney failure… 

And of course no list would be complete without Avandia—another diabetes medication—and its infamous association with serious, sometimes fatal cardiovascular events. 

Oh—there’s also allegations surrounding the class of antidepressants known as SSRIs and links with newborn heart defects. In fact the list is exhaustive.  

And to be clear, it’s not just drugs. Products such as the DePuy metal hip replacement are also in trouble. DePuy is currently facing a class action lawsuit over failure rates seen with its ASR acetabular cup. DePuy, which is owned by Johnson & Johnson, has also had global product recalls.

Gadolinium is another one. It’s a clear, non-radioactive chemical compound used with patients undergoing magnetic resonance imaging (MRI) and magnetic resonance angiography (MRA). In 1988 the FDA approved gadolinium as a contrast agent to provide a clearer picture of organs and tissues. Since that time, more than 200 cases of Nephrogenic Systemic Fibrosis (NSF) or Nephrogenic Fibrosing Dermopathy (NFD) have been linked to the product. 

This week, news out on Bloomberg indicates that the powers that be at Pfizer Inc, ‘failed to properly warn doctors and consumers that its Prempro menopause drug could cause Read the rest of this entry »

Are Outside Sales Reps Exempt from Overtime Pay?

October 5th, 2010. By Kristine B

It’s one of the great conundrums facing employees today: determining whether or not they are exempt from overtime pay. For some, the answer is simple but for others, the answer is much more difficult. Many companies try to classify employees as exempt from overtime pay for obvious reasons—it saves them money. But that doesn’t make it right. This week, Pleading Ignorance looks at outside sales representatives and explains why (or why not) they should be paid overtime. 

Outside sales representatives spend a lot of their time talking with clients and potential clients. They explain the company’s products, prices and the benefits their products have over a competing product. They may or may not leave free samples with the client (or potential client) and may follow up later to encourage the potential client to purchase the product. 

Outside sales representatives are considered exempt from overtime pay, but there is a catch to this. Some sales reps may be misclassified as exempt from overtime pay when, in fact, they are not. 

To be exempt from overtime pay as an outside sales person, the person has to directly affect the sale transaction. 

Here’s an example: I market pens to you (let’s say you’re a doctor who needs pens). Because of my marketing of the pens, you decide to buy them. I have directly affected the sale of the pens and am, therefore, considered an outside sales person. 

Now, consider pharmaceutical sales reps: They go to a doctor’s office and market a drug, drug X. But, the doctor doesn’t actually purchase drug X. All the doctor does is prescribe Read the rest of this entry »

FRS Energy Drink All Smoke and Mirrors?

October 5th, 2010. By janem

Before you spend money on a FRS energy drink, consider reading the label’s list of ingredients. Sure, the good stuff is included, but so are sugars. And that amount doesn’t bode well with the US Department of Agriculture (USDA) guidelines.

Let’s start with the FRS label. If you’ve consumed one FRS energy drink, you’ve almost had your quota of sugar (One 11.5 oz can contains 19 grams) for the day. The USDA recommends the following:

1,600 calories – Limit sugar to 6 teaspoons per day or 22 grams per day
2,200 calories – Limit sugar to 12 teaspoons per day or 44 grams per day
2,800 calories – Limit sugar to 18 teaspoons per day or 66 grams per day

FRS also contains caffeine—but the label doesn’t say how much. Interestingly, the label shows vitamin percent daily values based on a 2,000 calorie diet, but neglects to add the percentage information regarding sugar or Quercetin. So is it all smoke and mirrors?

According to the Mayo Clinic, quercetin and other antioxidants that are contained in FRS energy drinks are considered healthy, but studies have shown that the most benefits come from eating or drinking them in foods or beverages where they occur naturally, such as apple skins, red onions and berries, rather than taking supplements. Furthermore, taking large quantities of antioxidants can cause health problems, so it may not be a good idea to consume more than the recommended daily allowances. And the jury is still out on the recommended daily Quercetin allowance, which is why FRS states on its label that Quercetin’s “Daily Value not Established”.

The people at FRS claim their product is a healthier alternative to traditional energy drinks (such as Red Bull or Monster) because it contains antioxidants rather than relying on large amounts of sugar and caffeine to boost the energy levels those who drink it.

Well that may be true, but comparing any energy drink to Red Bull can make just about any product look healthy. Their claim doesn’t mean that energy drinks are healthy. If Red Bull or Monster were healthy, that would be another story. Or if FRS claims it was a healthier alternative to, say, eating an apple and a banana, it might have something worthwhile to promote. That is based on the assumption that the FRS energy drink isn’t falsely advertised.

FRS Spokesperson Lance Armstrong

It’s hard to believe that Lance Armstrong, FRS poster boy, would be associated with any false advertising. Or is it? FRS, is a savvy multi-million dollar company with Pepsi-cola backing and knows how gullible the public can be when it comes to having sports heroes promote their product. Case in point: Coach Levi, who seems to have fallen hook, line and sinker for Lance Armstrong’s promo ads.

” It turns out that this energy drink is endorsed by none other than Lance Armstrong!,” says coach Levi. “Apparently Lance scrutinized the science behind this energy drink and deemed it worthy of consumption. He’s even sitting on the Board of Directors for the company now, so he must really believe in this stuff.”

Sorry to break the news to you Coach, but your hero not only sits on the board–he is also an investor in FRS. That means he is getting paid to say good things about FRS. But coach, enjoy the scam while you can. (By the way, I sat through your video, demonstrating how to make a drink from FRS concentrate or powder, and it’s about as exciting as watching cheese ripen—hope FRS paid you well.) And sorry to really break your bubble, but according to Zeta Interactive, a marketing firm that tracks online sentiments, Mr. Armstrong’s golden boy image is in jeopardy.

Recently, prosecutors subpoenaed documents from a 2004 case in which a Texas company with business ties to Armstrong tried to prove he used drugs in order to avoid paying him a performance bonus. The Lance Armstrong Foundation has not been accused of wrongdoing, but it is so closely linked with Armstrong it could be hurt.

Meanwhile FRS is expanding its commitment to Armstrong and the foundation and plans to feature the FRS investor and board member in national television ads this October. FRS also recently agreed to support the foundation for at least three more years.

“Anyone or anything associated with Lance Armstrong should be very worried right now,” Zeta Interactive CEO Al DiGuido said. “He has faced these kinds of allegations before, but the fuel really seems to be kicking in this time.”

And here are some last words of advice from Jock Joose:

” I can’t believe athletes such as Lance Armstrong actually promote this stuff.   It’s a total scam.  Offering a sub par supplement and praying on people in a bad economy.  I now hate Lance because of this as well.    This is a warning to anyone who is considering getting the free trial  – DON’T DO IT.”