Your Guacamole Has a Dark Side

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Don’t let anyone tell you different. Texans love their guacamole. Recipes are touted as the “best guacamole in Texas.” The quality of Mexican restaurants are judged on the basis of their guacamole. Even though the 78th Legislature in 2003 declared tortilla chips and salsa to be the state snack, guacamole reigns supreme in many dining circles. Of course, guacamole is not a Lone Star State creation, but I imagine that Texas would love to lay claim to it.

Guacamole traces its roots to the Aztecs, who inhabited a region in South Central Mexico from around 1300 to 1521. They mashed up avocados and spices into a mixture called āhuacamolli, literally “avocado sauce” in Nahuatl, the language used by the Aztecs. (The avocado itself, though, has quite a long history, going back to the Cenozoic era, where it was fodder for prehistoric creatures.) The ahuacatl or alligator pear, as the avocado was commonly called, caught the attention of Spaniards in the 16th century, who then brought these fruits back to Europe. Avocados first made their appearance in the United States in the mid-19th century. Farmers in California in the 1900s changed the name, believing that neither of the names, ahuacatl or alligator pear, were palatable for North American tastes. (Ahuacatl, incidentally, means “testicle” in Nahuatl, so the change was probably for the best.)

Whether it was the name change or the buttery texture of the fruit, avocado consumption in the United States has continued to increase steadily in the past two decades. According to the Economic Research Service of the U.S. Department of Agriculture, “[p]er capita consumption of avocados has tripled since 2001 to 8 pounds per person in 2018.” California is the largest producer in the United States while Mexico is the largest importer with about 89% of the market share.

Unfortunately, this cool and creamy fruit and the delicious dip for which it is the main ingredient have a darker side, thanks to the drug cartels that are extorting avocado farmers in Mexico. Recognizing the value of this simple crop and the multi-billion dollar industry of which it is part, drug cartels first dipped their hand into the trade by offering protection to the farmers, asking for the payment of a tax in return. Services ceased, but money was still demanded. Some of the methods used by the cartels to gain control of land rife with avocado trees and the income derived from its production include informal “ownership,” monthly protection payments, and stolen produce. Failure to comply with demands, moreover, could result in kidnapping, torture, and even death, thus setting up a bloody battle between growers and the cartels. This violence has prompted many restaurant owners and consumers to boycott these so-called “blood avocados,” an approach not espoused by all because of the negative effect it will have on the workers who rely upon avocado production to put food on their tables and roofs over their heads. Boycotts, the argument goes, punish the victim, not the extorter.

Mexico is not the only nation in which its avocado crops attract criminals. For the past four years, avocados in New Zealand have fallen victim to thievery. One grower reportedly had about 70% of his orchard stolen. It is of such concern that the New Zealand avocado industry has issued recommendations and guidance to both growers and consumers to protect fruit from theft and to recognize fruit that had been stolen.

All of the criminal activity surrounding the avocado-growing industry coupled with consumer demand for the tasty, yet healthy superfood have caused avocado prices to skyrocket. Unfortunately, there is no easy solution to this growing problem, but it certainly gives us guacamole lovers food for thought.

Coronavirus Scams: Fraud in the Time of a Pandemic

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Sadly, but not surprisingly, even with the state of emergency and health crisis affecting the United States and the entire world, scammers throughout the world are not pausing in their work of taking advantage of unsuspecting and vulnerable people. For the period of January 1, 2020 to May 12, 2020, the Federal Trade Commission (FTC), the U.S. governmental agency tasked with protecting consumers from unfair and deceptive business practices, received 42,151 COVID-19-related complaints, resulting in a total fraud loss of $29.93M. (Those figures are more than double what they were for the period ending April 12, 2020). Additionally, eConsumer.gov, an initiative of the International Consumer Protection and Enforcement Network, received 980 overall of coronavirus-related fraud reports during the same period.

Coronavirus scams run the gamut from fake treatments and fake testing sites to undelivered goods, such as cleaning, medical, and household supplies, to fake charities. The FTC and the Food and Drug Administration (FDA) have been working together to put a stop to coronavirus treatment scams. These scams usually relate to unapproved and misbranded products that claim to treat or prevent the coronavirus. Products include teas, essential oils, and colloidal silver. The claims of these products have not been backed by any evidence. Moreover, the FDA has stated that there are no currently approved drugs or vaccines to treat or prevent the coronavirus. The FTC has also warned consumers to be suspicious of ads for test kits. So far, there is only one home diagnostic test kit that has been approved by the FDA, but the authorization is limited only to testing at Rutgers Clinical Genomics Laboratory. Similarly, the FTC is cautioning consumers that not every testing site is legitimate. It recommends consulting with a doctor first or getting a referral, if possible. If there is any question as to a site’s legitimacy, the FTC suggests contacting local law enforcement.

Another coronavirus-related scam that the FTC has been watching relates to the economic impact payments, or so-called stimulus payments, issued by the federal government. The FTC is reminding consumers to avoid providing anyone with their personal information and stressing that nothing needs to be done to receive your payment (so long as you filed taxes for 2018 and/or 2019).

Consumers who have knowledge of or suspect that they have been a victim of a coronavirus scam can report it by filing a complaint with the FTC using its online reporting system. Consumers in Arkansas, Louisiana, New Mexico, Oklahoma, and Texas can also contact the FTC’s Southwest Region Field Office in Dallas at 877-FTC-HELP or by mail to the address posted on its website.

In addition to the FTC, consumers who have been defrauded can file a report with the National Center for Disaster Fraud (NCDF) Hotline at 866-720-5721 or complete the NCDF Disaster Complaint Form, available through the website of the United States Department of Justice. Texas residents can also report disaster scams to the Attorney General of Texas using the web form found on the Consumer Protection page or by calling 1-800-621-0508.

Scams will always exist and scammers will continue to seek susceptible prey. Learn to protect yourself from scammers by following these tips from the FTC:

  • Ignore offers for home vaccinations and test kits;

  • Hang up on robocalls;

  • Watch out for phishing emails and text messages;

  • Research before you donate; and

  • Stay in the know.

Remember that the best way to defeat scammers is to arm yourself with a little knowledge. Remember, it’s just like the NBCUniversal’s public service initiative states: “The More You Know.”

FREE CLE and Training Opportunities

MCLE Deadlines Extended

The State Bar of Texas MCLE Department will grant an automatic 60-day extension to attorneys reaching their compliance deadlines in March, April, or May. Attorneys who missed compliance deadlines in January or February will receive an automatic 60-day extension to prevent the assessment of further fees. Attorneys now subject to suspension for failing to comply with MCLE requirements in November or December will have an additional one-month extension.

Earning Credit

Texas allows all licensed members of the State Bar of Texas to complete their CLE requirements by attending online courses, but finding coursework may be difficult during this uncertain time. To help, we at the Harris County Law Library have collected information and registration links for all FREE CLE courses being presented by organizations such as the Houston Bar Association, the State Bar of Texas, and the American Bar Association. Look for the Training Opportunities Calendar on our website, where you will find a chronological listing of all events, or view the calendar itself for an “at a glance” look at all that’s being offered. Several of the courses are on-demand webinars or previously recorded events made available for viewing at your convenience.

If you learn of a free CLE opportunity that we’ve overlooked, please drop us a line, and we’ll add to the calendar. Happy learning!

Don’t forget: You can also view our Learn On-Demand courses online via the Law Library’s Legal Tech Institute web pages at http://www.harriscountylawlibrary.org/lti-on-demand-learning

What About Books?

In mid-April, a French court ordered shipping giant Amazon to restrict its sales and deliveries to “essential items.” The order stated that Amazon could only fulfill orders for food, hygiene, and medical items. The court further gave Amazon 24 hours to cease delivery of nonessential items or face steep fines, as much as one million euros per day per infraction. The order was the result of an action filed by a trade union, alleging that Amazon had violated the Labor Code by failing to protect the health and safety of its employees by allowing them to work in crowded, enclosed spaces. As a result of the court order, Amazon shut down its facilities for five days to clean and assess the working environment. Amazon also appealed the order, citing ambiguity in the definition of what constitutes essential as one of the bases of the appeal.

On April 24, the Court of Appeals of Versailles affirmed the lower tribunal’s order. The appellate court also defined specific categories of essential items: hi-tech and information technology; office supplies; pet supplies; health, nutrition, and personal care product; groceries; drinks; and maintenance.

While we applaud the French courts for focusing on the health and safety of workers, we at the Harris County Law Library can’t help but wonder why books were not included among those items deemed essential. Yes, we know that books are not “absolutely necessary,” but they are still extremely important, not in an earth-shattering way, but critical nonetheless. Crucial, too, to a segment of the population that has been overlooked by the digital divide and who have no access to digital versions of print materials. Before the pandemic, print books outsold eBooks. Even in Paris, it seemed as if more commuters were reading print books while commuting on the Paris Metro. Of course, life is much different now. Social distancing and disinfecting have become the norm. Still, we can’t help but feel that books should be considered essential, especially now when physical libraries are closed to the public. Moreover, the French ruling overlooks the obvious health and mental benefits that come from reading books. Reading sharpens the brain and prevents cognitive decline, reduces stress, helps sleep, eases depression, educates and boosts vocabulary, and can even help people live longer. These benefits are extremely important, especially now, when so many people are isolated from their loved ones and friends.

We urge you today (and everyday) to pick up a book, whether a print one or an eBook, and reap the benefits that come from reading the written word. Then, you, too, can see how essential books are.