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LISLJMEH q~PS-- - Alternative Contact Lenses Bikecentennial Rigid Gas Permeable (RGP) i Many of the seven and a half contact lenses are an alternative I million adults who bought a to either hard or soft contact bike last year might find them- lenses. I selves at a loss when looking These contacts are made of a for good places to ride. Bikecen- plastic that provides high-quality tennial is an organization visual correction, while allowing designed to remedy this. more oxygen to reach the eye I Founded in 1973 to promote than with other types of contacts. biking safety and provide an Thus, they are an option if information clearinghouse for you want the excellent vision bikers, Bikecentennial mapped a correction provided by hard cross country route for bicyclists lenses, but find those lenses ' in time for the Bicentennial in irritating. 1976. Likewise, if you have found They have continued to con- soft contacts less than ideal, duct bicycle tours and map new RGP contacts may offer an alter- routes and now sell maps cover- native that is easier to maintain, ing some 17,000 miles of bike less expensive, and more : routes. Also, they produce vari- durable. Because RGP contacts I ous resources for bikers such as are custom fitted, they can cor- maps of mountain bike trails, a rect a wider range of vision ; magazine for members, and a problems than soft contacts. bicyclist's yellow pages listing They also may be less likely to services and products. promote allergic reactions or eye : For more information contact infections than extended-wear Bikecentennial at P.O. Box versions of soft contacts. 8308, Missoula, Montana 59807, It generally takes a few days (406) 721-1176. to a week for a person to become accustomed to wearing RGP I No-Load Mutual Funds contacts, although some people , The Individual Investor's are comfortable with the lenses Guide to No-Load Mutual Funds, in a matter of hours, notes Dr. by the American Association of Arthur Giroux of the American , Individual Investors (AAII), pro- Optometric Association (AOA). ' motes no-load mutual fund However, they should be worn I investing. daily thereafter to maintain ~ No-load funds are sold direct- optimal comfort unless your doc- ' ly to investors to avoid the load, tor advises otherwise. or commission, that a broker ! RGP contacts cost from $200- receives when selling shares in ( 300 over the course of the first funds. The book, therefore, may year and then cost from $60-100 be of interest to those who want to maintain, which is only slight- to enjoy the advantages of mutu- ly more than hard contacts and ' al fund investing, but don't want less expensive than soft contacts. ~ some of their money going to ' For information on contact I pay the commissions. lenses, contact the American ' The 539-page book explains Academy of Ophthalmology, the general attributes of differ- . P.O. Box 7424, San Francisco, ent fund categories (growth, Calif. 94120-7424, (415) 561- ; bond, international, etc.), pro- 8500, or the AOA, 243 North ~ vides a guide to help you deter- Lindbergh Blvd., Saint Louis, mine your investment objectives I Mo. 63141, (314) 991-4101. ; and risk tolerance, gives advice ~ on recordkeeping and taxes, and outlines important information I to look for in the prospectus and other financial information a I fund provides for you to assess its performance. ~ It also rates the individual performance of more than 500 I no-load funds, including fund I objectives, five-year performance history, risk-to-return assess- ment, and other details such as who manages the fund. If you are willing to do the I necessary additional research on your own, this book will be a useful tool and guide to fund investing. A copy of the book costs $24.95 from AAII, 625 N. Michi- gan Ave., Dept. NLG, Chicago, Ill. 60611; (312) 280-0170. (For more information on mutual fund investing, see "Under- standing Mutual Funds," CR, October 1990.) Thyroid Problems Hyperthyroidism became well-known when the Presi- dent, Mrs. Bush, and Millie, their dog, all were diagnosed with the condition. Stemming from the overpro- duction of the thyroid hormone, hyperthyroidism is marked by symptoms such as a rapid heart- beat, insomnia, and tremors. Another disorder, hypothy- roidism, involves underproduc- tion of the thyroid hormone. This can cause muscle problems, dr ZZ) skin and hair, and loss o~ appetite. Because these symp ~ toms are similar to those associ ~ ated with normal aging, diagnosic and treatment of the condition is ~ often delayed. To receive a pamphlet about w thyroid disorders, write the Amer- ~ ican Thyroid Association, Walter ~ Reed Army Medical Center, Washington, D.C. 20307-5001. -Guy Murdoch 2 Consumers' Research

co U 00 ME,Rc 11 ANALYZING PRODUCTS, SERVICES AND CONSUMER ISSUES 2 CONTENTS ,, p„;, ~;~: HOW FEDERAL OFFICIALS IGNORED AUTO SAFETY CAFE standards ruling finds safety considerations lacking DEPARTMENTS Consumer Tips Alternative Contact Lenses Bikecentennial No-Load Mutual Funds Thyroid Problems Consumer Letters Publisher's Page Safety Last? Dateline Washington Unsafe Devices? Consumers' Observation Post Food for Thought Nutrients Are Not Created Equal The Green Thumb Doc and Katy Abraham Calling all Consumers Understanding Vitamins Current Motion Pictures Consumer Alert Scott Pattison 4 5 6 7 8 MAGAZINE PASSIVE SMOKING AND YOUR HEART Harm to nonsmokers not evident in available studies WHAT WILL YOU PAY TO UNCLE SAM THIS YEAR? Try a third of your income WHAT TO LOOK FOR IN A DICTIONARY Twenty points to consider HOW TO RAISE VEGETABLES WITHOUT A GARDEN Container gardening allows anyone to raise crops 37 CHOOSING THE RIGHT 38 UPHOLSTERING FIRM 39 40 Cumulative Index 42 Recorded Music in Review 43 Walter F. Grueninger Reupholstering could save (or cost) you money PRODUCT RECALLS Toys, autos, boats, and more ISSN 0095-2222 VOLUME 75 No. 4 APRIL 1992 10 13 20 22 26 30 35 April 1992 3

ooosuoier LETTERS AIR BAG SAFETY Peter L. Spencer's special report, "The Trouble With Air Bags," (January 1991) is out of date-and was already out of date when it was printed. I'm referring to his assumption, in the beginning of the article, that little data are available to gauge air bag effectiveness: "Traffic safety researchers say they won't know for sure how well air bags will perform in car acci- dents for several more years, when there will have been enough actual crashes with the devices to determine real-world effectiveness." There already are enough data, and traffic safety researchers have studied air bag effective- ness. The Insurance Institute for Highway Safety has com- pared driver deaths in frontal and non-frontal impacts involv- ing cars with and without air bags. All equipment on or before the 1991 model year were included in the study, so the database was quite large. What researchers found was that driv- er deaths in frontal crashes were 28% lower in air bag- equipped cars, compared with cars equipped with manual lap/shoulder safety belts only. Before these two studies were conducted, it's true that we knew about air bag performance primarily from individual crash reports. Now we're beginning to quantify air bag effectiveness- and note that the combination of air bags and safety belts really is lifesaving. So Spencer's conclusion that "[u]ntil more data from car crashes involving air bags become available, questions about an air bag's benefits to driver safety will remain open" simply isn't true. A number of other points in the article are also either untrue or misleading. For example: • Spencer says air bags work only in a limited range of crash scenarios. That's true, but the range includes frontal crashes, which account for about two- thirds of all driver fatalities (not the 42% Spencer claimed.) If all crash types are considered, including those in which air bags are not designed to deploy, air bags reduce driver deaths an overall 19%. • Spencer says air bags work "only in combination with seat belts." What he may have been trying to say is that this is the best combination for occupant protection. But the implication that air bags don't deploy unless seat belts are used is incorrect. For occu- (See AIR BAG page 34.) MOVING ? name MAIL TO: Consumers' Research, Inc. address P.O. Box 41533 Nashville TN 37204-1533 , city state zip Attach label here CONSUMERS' RESEARCH INC. TRUSTEES and OFFICERS: Presi- dent, M. Stanton Evans; Vice Presidents: Daniel Oliver, James Roberts, Ruth 1. Matthews, Terrence M. Scanlon; Secre- tary, Ronald Pearson; Treasurer, Allan Ryskind. CONSUMERS' RESEARCH INC. is an independent, non-profit organization, established in 1927 for the purpose of pro- viding the public with scientific, technicai, and educational information. Consumers' Research magazine presents articles on a wide range of topics of consumer interest. Consumers' Research is produced and published on the basis of data believed to be accurate. Consumers' Research is not supported by manufacturers, dealers, or any govem- ment agencies. Consumers' Research does not permit any person or firm to make commercial use of its findings. The publishers and editors do not assume responsibility for any injuries or damages resulting from the use of the products or services described in the magazine. SUBSCRIPTION INQUIRIES, mail orders, changes of address, undeliverable copies, etc., to be addressed to Subscrip- tion Department, Consumers' Research, P.O. Box 41533, Nashville, TN 37204- 1533, or call (615) 377-3322. Please allow 60 days for change of address. SUBSCRIPTION RATES: $24 per year, 12 issues; $42, two years; and $58, three years. Canada and foreign: $32 (U.S.), one year; and $58 (U.S.), two years. BACK ISSUES: $4. Postage and han- diing Included. Specify exact date and send request to: Back Issues, Consumers' Research, P.O. Box 41533, Nashville, TN 37204-1533, or call (615) 377--3322. LETTERS TO THE EDITOR should be addressed to Consumers' Research Inc., 800 Maryiand Ave., NE, Washington, D.C. 20002. CR is not in a position to provide special answers by letter to questions that relate to an individual or personal problem. COPYRIGHT ® 1992 by Consumers' Research Inc., 800 Maryland Ave., NE, Washington, D.C. 20002. All rights reserved. Material in Consumers' Research is protected by copyright and all rights to its use are reserved by Con- sumers' Research Inc. No part of the content of the magazine may be reproduced in whole or in part, in any form or by any means, except upon first obtaining permission in writing from Consumers' Research Inc. Manuscripts submitted must be accompanied by a stamped, self-addressed envelope. How- ever, Consumers' Research cannot be responsible for unsolicited material. 4 Consumers' Research

0.NALYZMR; PROaJtTS, SFAVN;ES tdm CON9IMER IS5UE5 MpGR21NE PUBLISHER M. Stanton Evans EDITOR Peter L. Spencer MANAGING EDITOR Wayne Laugesen ASSOCIATE EDITOR Guy Murdoch FOOD EDITOR Beatrice Trum Hunter DESIGN AND GRAPHICS C. Ashley Jackson CONTRIBUTING EDITORS George and Katy Abraham Jeff Cohen Richard Coorsh Walter F. Grueninger Malcolm A. Kline Ruth I. Matthews John W. Merline Scott Pattison Terrence M. Scanlon Jeff Schein Christopher Warden Walter W. Watt ASSISTANT PUBLISHER Whitney L. Ball CIRCULATION MANAGER M. W. Chapman BUSINESS MANAGER Mary Jo Buckland ASSISTANT TO THE PUBLISHER Irma V. White PRINTER Mack Printing Co. Easton, Pennsylvania SUBSCRIPTION DEPARTMENT P.O. Box 41533 Nashville, TN 37204-1533 (615) 377-3322 PUBLISHER'S PAGE Safety Last? Official efforts to protect consumers that wind up doing the reverse have been a frequent topic in these pages-and this month, we regret to say, is no exception. This time the problem is auto safety, which the federal government is supposed to be promoting through its reg- ulations, but in fact has managed to diminish. Such, at any rate, is the conclusion of the U. S. Court of Appeals for the District of Columbia, set forward beginning at page 10. These negative safety outcomes are especially ironic, since they are caused by the federal agency supposedly in charge of ensuring traffic safety. The perverse effect results from the fact that the government is trying to regulate something else that doesn't need regulating to begin with-auto mileage standards, which consumers are perfectly capable of deciding for themselves. In fact, the whole sequence here shows the counter- productive nature of too much official activity: The "energy crisis" of the '70s, caused by government regula- tion, prompted efforts at mandated conservation, forcing higher mileage standards. This led in turn to auto down- sizing, putting more motorists at risk. We wish we had some good news to report about such matters, but these negative readouts are important on two fronts: First, because of the specific data imparted on the relative safety of products on the market. Second, because the recurring pattern of consumer disservice suggests the system in place is failing us, and urgently needs reforming. est wi CONSUMERS' RESEARCH magazine (ISSN 0095-2222) is published monthly for $24 per year by Consumers' Research Inc., 800 Maryland Ave., NE, Washington, D.C. 20002 (202) 546-1713. Second-class postage paid at Washington, D.C., and at additional mailing offices. POSTMASTER: send address changes to CONSUMERS' RESEARCH, P.O. Box 41533, Nashville, TN 37204-1533. M(,Vanton Evans Publisher April 1992 5

~as~~ing~on Unsafe Devi ces? In the wake of the recent controversy surrounding the use of silicone breast implants, the head of the Food and Drug Administration (FDA) says he will focus upon the use of other medical devices for use in the body. According to the FDA Com- missioner, David A. Kessler, the agency will look at medical devices that went into use prior to the year 1976-when a law was put into effect that required federal approval of new medical devices-as well as devices that went into use after the 1976 law that may not have received enough scrutiny. Experts say that even though these untested devices may have been used safely for more than 15 years, they could react adversely to drugs in the body, posing a sig nificant health hazard. "We must remember that these device laws are only 15 years old and our sophistication is still evolving," notes Kessler. "We now can ask and answer questions we could never even pose before." Some of the medical devices being considered include electri- cal brain stimulators; implants for the shoulders, knees, and testes; lens implants for the eye, ' and balloons that clear arteries. Furthermore, later this year, the ' FDA will submit for final review the use of saline breast implants. The first-ever inspec- I tion of U.S. seafood processing facilities by the federal govern- ment may have revealed signifi- cant problems, according to reports of preliminary data from ~ the FDA's new Office of Seafood. Up to 20% of samples analyzed revealed evidence of contan-iina- tion, filth, or decomposition, a rate that exceeds that of any other food commodity under the FDA's purview. However, Thomas Billy, director of the Office of Seafood, says that the rate may appear high because FDA investigators deliberately looked into species and fishing grounds that "have historically had problems." According to Billy, a 15% vio- lation rate is "pretty typical" of what to expect nationwide. By contrast, the FDA's pesticide monitoring program has revealed a 1.1 percent violation rate for chemical residues for domestic and imported foods in the U.S. (See "How Safe is the Fish We Eat?" CR, August 1989.) A cholesterol test might not be enough. Now, a blue-rib- bon, albeit unofficial, govern- ment panel suggests that adults who are tested for blood choles- terol should also be tested for lev- els of high density lipoprotein (HDL), the so-called "good cholesterol." Currently, HDL testing is extended only to those estimated 74 million people believed to be at moderate to high risk of devel- oping heart disease. People with total cholesterol within the "bor- derline" range of 200-239 mil- ligrams per deciliter of blood who have no other risk factors would not, under current guidelines, be candidates for an HDL screening. According to news reports, epi- demiologists estimate that 5% to 10% of the population with blood cholesterol levels below 200 mil- ligrams per deciliter of blood also have blood concentrations of HDL below 35 milligrams per deciliter, which would put them at moder- ate or high risk of heart disease, according to the National Choles- terol Education Program of the National Institutes of Health. HDL appears to be beneficial by protecting against accumulation of fat in the blood vessels, which can lead to a heart attack. (See "Food Health Claims: Fact vs. Fic- tion," CR, May, 1991.) The U.S. Court of Appeals has placed a roadblock in front of the 1990 fuel economy standards of the National Highway Traffic Safe- ty Administration (NfPrSA). Specif- ically, the court decided that NHTSA "obscuredd the safety prob- lem" when it set its corporate aver- age fuel economy (CAFE) standards, which mandate automakers to produce fleets with averages of no less than 27.5 miles per gallon. (See "How Federal Offi- cials Ignored Auto Safety" begin- ning at page 10.) The Competitive Enterprise Institute, a free market think tank, had sued NHTSA, arguing that the 1990 CAFE standards force automakers to manufac- ture unduly dangerous cars. The U.S. government has decided to step up its planned phase-out of ozone- depleting chemicals. According to the new government stan- dards, U.S. production of chlo- roflurocarbons ("CFCs")-used extensively for refrigerants and solvents-and other chemicals that are believed to deplete the ozone layer will have to be stopped by December 31, 1995, four years sooner than mandat- ed by an international treaty. Currently, U.S. production of CFCs is 42% below 1986 levels because industry has found it easier than expected to develop safer alternatives. Additionally, the United States will re-exam- ine its phase-out schedule for less-harmful hydrochlorofluro- carbons, or HCFCs, and will also investigate methyl bromide. -Richard Coorsh 6 Consumers' Research

The Consumers I Observation Post AFTERMARKET ANTILOCK BRAKE KITS promise more than they deliver and can be dangerous, according to the National Highway Traffic Safety Administration (NHTSA). Braking tests conducted by NHTSA indicate that these antilock devices do not prevent wheel lock-up, can cause poor braking performance, and might lead to loss of control. Advertisements for these products, which consumers bolt on to existing brake systems of their cars or trucks, claim to stop vehicles in distances up to 30% shorter than conventional brakes. However, tests of one product, Brake Guard ABS, found braking distances increased with this system by an average of 7%. NHTSA is currently investigating five antilock brake systems: Advanced Braking Systems, ABS/Trax, Accu-Brake System, G-Force, and ABS BrakeSafe. HOLDERS OF ADJUSTABLE RATE MORTGAGES (ARMs) BEWARE! Over the past three years, an estimated 4 million homeowners with ARMs have been overcharged. According to Consumer Loan Advocates (CLA), a not-for-profit public service group based in Chicago, the overcharges occurred primarily because lenders used the wrong index value to compute interest payments, or calculated the change in interest rates at the wrong time. Between 1989 and 1991, CLA audited a random sample of 9,000 ARMs nationwide, and uncovered errors in nearly half (47.5%) of the sample. The average overcharge was $1,588. (One borrower received a refund for $32,011.) The average time it took the borrower to obtain a refund was 62 days. The CLA advises consumers that the burden of proof of an overcharge rests with the borrower, not the bank, and that the interest the bank will pay on held funds is taxable. CLA will audit an ARM for a minimal fee, and provide consumers with an ARM AID booklet to help them audit their ARMs. For more information call (800) 767-2768. NO MORE TOLL BOOTHS. NO KIDDING. A new toll collection system, which electronically reads information stored in a transponder, or tag, attached to an automobile, is in the testing stage in New England. When an automobile passes through the system, the'ieader' automatically deducts funds from the driver's pre-paid account. "Eventually all that may be necessary is a bridge above the highway on which to install the reader," or electronic equipment could be imbedded in the roadway, says Thomas F. Humphrey, a traffic engineer at the Massachusetts Institute of Technology. Researchers note that by not having to stop at toll booths, consumers would benefit from decreased travel time and fewer operating expenses, such as maintenance and fuel costs, which translate into fewer auto emissions and less air pollution. On the other hand, with electronic toIl collection, authorities could track people as they move from one place to another, raising questions of privacy rights. Texas, Oklahoma, Louisiana, Colorado, Florida, Michigan, New York, New Jersey, and Pennsylvania also are developing and/or testing electronic toll collection. New Hampshire plans to implement a system by the end of 1992. TO HELP PATIENTS AVOID UNNECESSARY AND EXPENSNE TREATMENTS, the Foundation for Informed Medical Decision Making plans to provide them with video programs that explain the various treatments available for certain ailments. According to The Wa11 Streetlournal, the non-profit foundation believes the programs also would help improve America's health care system because the videos "would start to infuse a health-care market dominated by the Continued on page 41. April 1992 7

Beatrice Trum Hunter Nutrients Are Not Created Equal Although Gertrude Stein wrote that "a rose is a rose is a rose," nutrients are not all equal. With- in each category of nutrients, crit- ical differences exist. These differences should be understood by anyone who is concerned about optimal nutrition. Proteins are not created equal. Proteins differ in quality depending upon the amino acids from which they are built. All amino acids must be present, and they must be in optimal ratios with one another. Under these conditions, quality pro- teins are built that are well uti- lized by the body. Egg represents the ideal qual- ity protein, against which all other proteins are measured, in terms of its protein efficiency ratio (PER). Egg is at the top of the PER scale, followed by pro- tein from other animal sources, both organs and muscles. The PER for proteins from non-ani- mal foods such as legumes, grains, and seeds is lower. All are limited by a low level of one or more amino acids, and they may not be in an ideal balance, one to another. Carbohydrates are not created equal. Complex carbohydrates, such as the starch from potatoes and whole grains, are handled by the body quite differently from sugars. Studies conducted at the Carbohydrate Nutrition Laboratory of the U.S. Depart- ment of Agriculture's Agricul- tural Research Service (ARS) at Beltsville, Maryland, showed that young male rats developed severe anemia, enlarged hearts, i and experienced premature death from a diet with sugar as the main carbohydrate source. The sugar induced copper defi- ciency. Rats remained in good health, with adequate copper, when starch was the main car- bohydrate source. Animals on a high-sugar diet, but not a high- starch starch diet, showed lower levels j of minerals such as selenium and calcium in their tissues. In order to induce mineral deficien- cies in experimental animals, frequently the feed is purposely formulated with half of the calo- ries derived from table sugar. Sugar and starch differ as car- bohydrates. Sugar is half fruc- tose tose and half glucose. Starch is all glucose. The ARS researchers found that the body metabolizes fructose differently from glu- cose. Fructose, and other sub- stances (such as alcohol) that are metabolized similarly, create a unique envirommnent in which copper deficiency can cause ~ health problems. Starch is not involved in the damaging metabolic pathway. Recently, ARS researchers found that damage to a rat's heart and other organs depends on a change in the way the cop- per-deficient animal handles another mineral, iron. In experi- ments, all copper-deficient rats stored more iron in their livers than animals with adequate lev- els of copper. Only the copper- deficient rats, eating a high-fructose diet, developed severe anemia. They were unable to utilize their supply of iron to make hemoglobin for red blood cells. However, their inability to use their iron supply when fed fructose failed to explain all the complications of copper deficiency. The researchers suspected that the iron might be toxic, because humans who suffer from iron overload (hemochromatosis) exhibit symptoms quite similar to those of fructose-induced cop- per deficiency in the rats. Autopsied livers from the starch- and fructose-fed rats were examined for free radicals. These substances are known to damage body tissue by oxidizing the molecules that form cells. Livers from the fructose-fed rats were found to generate five to eight times more free radi- cals of iron than those from the starch-fed rats. The role of iron overload in the fructose diet was reinforced by later studies. Rats were test- ed with an iron-binding drug and suffered almost none of the symptoms, damage, or mortali- ty of the untreated rats on a fructose diet. These findings are relevant to human health, because Ameri- cans have increased their sugar consumption at the expense of starches. The greatly increased use of high-fructose corn syrup in many processed foods and beverages has been suspected as an important factor in copper- deficiency and its linkage with heart diseases. Fats are not created equal. Fats vary in their composition of fatty acids and the proportions of saturated, monounsaturated, and unsaturated fatty acids. In general, animal fats are predom- inantly saturated and raise the blood levels of undesirable low density lipoproteins (LDLs); however, there are exceptions. Marine oils are highly unsatu- rated, and Stearic acid, found in beef, does not raise LDLs. In general, vegetable oils are predominantly monounsaturat- ed or unsaturated and raise the desirable high density lipopro- teins (HDLs). Again, there are 8 Consumers' Research

exceptions. Palm oil, palm ker- nel oil, and coconut oil (all plant derived) are predominantly satu- rated. However, human studies suggest that palm oil does not raise, but rather lowers, blood cholesterol. Also, the process of hydrogenation results in an unsaturated oil taking on the characteristics of a more satu- rated one. Olive oil, predomi- nantly monounsaturated, lowers LDLs, but not HDLs, while pre- dominantly unsaturated oils lower both. Minerals are not created equal. The form of the mineral may be critical to the amount that can be ~ A Aed Q. Does the body use all calories in the same way, regardless of their source? A. Scientists used to believe that all calories were created equal, but research has shown this not to be true. Similar to nutrients, not all calories are created equal (see article above). Calories from carbohydrates, fats, and protein are used differ- ently by the body. Nearly all fat calories are promptly stored in fat cells. Carbohydrates and proteins are converted into glu- cose for energy, with only those calories in excess of the body's fuel needs being stored. As a result, obesity may be linked to the proportion of fat in the diet rather than to the amount of calories consumed. Weight- reduction programs need to be tailored to account for this fact. In one recent study, limiting fat intake to about 20% of the total calories enabled chronically obese patients to lose an aver- absorbed into the body. (This is known as bioavailability.) For example, heme iron from animal foods is far better uti- lized than non-heme iron from vegetables, legumes, grains, and seeds. Food processors can select, from a number of iron compounds, the form they wish to use in iron enrichment of refined flours, cereals, and baked goods. The form they select may not necessarily be the one best utilized by the human body but, rather, serves a technical purpose by avoiding off-color or flavor in the fin- ished food products. Similarly, age of 20 to 30 pounds over a period of a year. These chroni- cally obese patients had failed in previous weight-reduction pro- grams to achieve satisfactory losses. Q. At present, what foods are being irradiated, and for what purposes? A. Food irradiation approval, begun as early as 1963, now includes the following: Wheat and wheat powder (to disinfect insects); white potatoes (to extend shelf life); spices and dry vegetable seasoning (to decon- taminate and disinfect insects); dry or dehydrated enzyme preparations (to control and decontaminate insects and microorganisms); pork carcasses or fresh non-cut processed cuts (to control Trichinella spiralis, the parasite that inflicts trichi- nosis); fresh fruits (to delay ripening); dry or dehydrated aromatic vegetable substances (to decontaminate); and poultry (to control illness-causing microorganisms). "Control" of insects and illness-causing microorganisms means that forms of zinc, chromium, and other minerals vary in their bioavailability. Vitamins are not created equal. As with minerals, the form of the vitamin may be criti- cal for its bioavailability. For example, vitamin E's activity is far greater from d-alpha toco- pherol than from dl-alpha toco- pheryl succinate (1.50 and 0.89 International Units in one mil- ligram, respectively). The inequality of nutrients has implications in assessing differ- ences in order to make sound recommendations for human requirements. their numbers will be reduced, but not eliminated. Although approval has been granted to irradiate the above classifica- tions of foods, not all are being treated. For example, poultry producers have no present plans to irradiate chickens and turkeys. Since 1966, the Food and Drug Administration has required that irradiated foods be labeled as such. In 1986, the agency added a mandatory logo to the labeling requirement. However, if irradiated ingredi- ents are used in a food product, the logo does not appear on the label of the finished manufac- tured food. Beatrice Trum Hunter is the author of a num- ber of books concerning food topics of impor- tance to consumers. The most recent ones include The Great Nutrition Robbery, The Mirage of Safety, and The Sugar Trap and How to Avoid It. Hunter is a frequent guest lecturer at universities and at meetings of health profes- sionals and from time to time she appears on national commercial and public television pro- grams. You may send your questions about food to Beatrice Trum Hunter, c/o Consumers' Research, 800 Maryland Ave., NE, Washing- ton, DC 20002. For a personal reply enclose a seif-addressed, stamped envelope. April 1992 9

CAFE Standards Ruling How Federal Officials Ignored Auto Safety Increasingly, consumer concerns have become topics for decision in the federal courts. This reflects the involvement of many regulatory agen- cies with matters of health, safety, and the envi- ronment, and lawsuits filed concerning enforcement of their rules and standards. We have addressed such subjects in previous issues of Consumers' Research-as in our Febru- ary feature on asbestos and dioxin, including excerpts from a federal court decision relating to the uses of asbestos. This month we provide the text of another such decision, involving automo- tive safety and mileage standards, as implemented by the National Highway Traffic Safety Adminis- tration (NHTSA), an agency of the U.S. Depart- ment of Transportation. This ruling from a panel of the District of Columbia Court of Appeals concerns so-called CAFE mileage standards imposed on the U.S. automotive fleet by federal regulation. The issue to be decided was whether these standards forced a "downsizing" of cars relative to what they other- wise would be, and whether this in turn meant less safe cars and loss of life (questions frequently considered in Consumers' Research). Plaintiffs including the Competitive Enterprise I ollowing are excerpts from a decision hand- ed down by the United States Court of Appeals for the District of Columbia, Febru- ary 19,1992. Choice means giving something up. In deciding whether to relax the previously established "corpo- rate average fuel economy" ("CAFE") standard for model year 1990, the National Highway Traffic Safety Administration ("NHTSA") confronted a record suggesting that refusal to do so would exact some penalty in auto safety. Rather than affirma- tively choosing extra energy savings over extra safe- ty, however, NHTSA obscured the safety problem, and thus its need to choose. The Energy Policy and Conservation Act requires every major carmaker to keep the average fuel econ- omy of its fleet, in each model year, at or above a prescribed level. The Act holds manufacturers to a standard of 27.5 miles per gallon for model year Institute and Consumer Alert argued that the standards mandated less safe cars, and the court in essence agreed. It found (a) that the evidence shows smaller cars, other things being equal, are less safe than large ones; (b) that the CAFE stan- dards have compelled a downsizing of cars from what they would otherwise have been; and (c) that NHTSA had evaded the resulting safety issue in its rule-making. It is unusual to find a federal court saying, in so many words, that the federal government is in all likelihood enforcing a rule that "kills people," or that the regulators need to determine "the num- ber of people being sacrificed" to justify their actions, and that the responsible agency has dodged these life-and-death considerations. Such language is particularly shocking when we reflect that the agency in question is the National High- way Traffic Safety Administration. This ruling is additionally significant for con- sumers in that it contains specific information about the relative safety of different types of cars and vans, and about the interaction of other safety features with vehicle size. For all these reasons, we believe our readers should have full access to these official findings.-Ed. 1985 and each model year thereafter, but authorizes NHTSA to modify the standard up or down. Where the agency chooses to modify, it must set the replacement standard at the "maximum feasible average fuel economy level." In determining "feasi- bility," NHTSA has always taken passenger safety into account, and the agency maintains that safety concerns are relevant to whether the agency should adopt one CAFE standard over another. In August 1988, at the behest of various par- ties, including several major carmakers and peti- tioner Competitive Enterprise Institute (CEI), NHTSA initiated a rulemaking proceeding on whether to reduce the CAFE standards for model years 1989 and 1990. The agency quickly lowered the standard for model year 1989 to 26.5 mpg, but it continued to hear public comment on whether to reduce the 1990 standard as well. Then, in May 1989, NHTSA terminated its proceedings on that 10 Consumers' Research