IHT Rendezvous: Save a Tree, Use Real Cork

ESTREMOZ, Portugal— I had always thought plastic wine corks and screw caps were tacky, but now I have a good reason for avoiding them.

Buying wine with real corks helps preserve the cork forests of Portugal and the wider western Mediterranean, which are, it turns out, ecological marvels. I write about the discovery, on a recent trip to Portugal, in my latest Green column.

Cork oaks and their scrubby cousins, holm oaks, are well adapted to the hot dry summers of the region. They help prevent these places from turning into deserts. Their stands are rich in plants and — when the farmers restrain themselves from shooting everything in sight — animals, especially birds.

What’s unique about cork is that the thick bark can be harvested from the trees without cutting them down. A skilled crew hacks the bark off with axes. If done right, it grows back. You can see the process in this introduction to cork forests by Luisa Nunes and Carlos Reis:

So the cork oaks form the basis of a sustainable industry that has existed for centuries. The cork is harvested every summer for wine stoppers and other uses. The trees don’t need fertilizer. They are hard not to love.

Synthetic corks are the enemy of this ecologist’s heaven. They have slashed the world market share of real cork by perhaps 20 percent in the last decade, according to Wine Intelligence, a London research concern. That has brought down prices, reducing incentives to grow and maintain cork groves.

One needs a lot of patience and dedication to grow cork. The trees can only be harvested every decade or so and require years—some people say up to 50—from the time they are originally planted to when they can be first harvested. You are doing it for your grandchildren or for the ecosystem, and that is not always an easy sell in the 21st century.

Fortunately, cork trees are protected in Portugal, the leading producer.

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Sony fined in UK over PlayStation cyberattack

LONDON (AP) — British regulators have fined Sony 250,000 pounds ($ 396,100) for failing to prevent a 2011 cyberattack on its PlayStation Network which put millions of users’ personal information — including names, addresses, birth dates and account passwords — at risk.

Britain’s Information Commissioner’s Office said Thursday that security measures in place at the time “were simply not good enough.” It said the attack could have been prevented if software had been up to date, while passwords were also not secure.

David Smith, deputy commissioner and director of data protection, acknowledged that the fine for a “serious breach of the Data Protection Act” was “clearly substantial” but said that the office makes “no apologies” for that.

“There’s no disguising that this is a business that should have known better,” he said in a statement. “It is a company that trades on its technical expertise, and there’s no doubt in my mind that they had access to both the technical knowledge and the resources to keep this information safe.”

Smith called the case “one of the most serious ever reported” to the data regulator.

Sony, which has previously apologized for the data breach, said Thursday it “strongly disagrees” with the ruling and plans to appeal.

David Wilson, a spokesman for Sony Computer Entertainment Europe Ltd., said the company noted that the ICO recognized that Sony was the victim of a criminal attack and that there is no evidence payment card details were accessed.

“Criminal attacks on electronic networks are a real and growing aspect of 21st century life and Sony continually works to strengthen our systems, building in multiple layers of defense and working to make our networks safe, secure and resilient,” he said in a statement.

————————

Cassandra Vinograd can be reached at http://twitter.com/CassVinograd

Gaming News Headlines – Yahoo! News

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Style Rx: Julianne Hough’s Almost-There Outfit

Stylewatch
Style News Now

01/22/2013 at 06:00 PM ET

O’Neill/White/INF

Who: Julianne Hough

Where: A visit to Toronto’s Much Music studios to promote her film Safe Haven

Diagnosis: We love Hough’s fun approach to fashion, but it’s time to get serious about her ongoing string of not-quite-there outfits. The ensemble at left suffers from overstyling, identity confusion and stumpifying booties.

Prescription: Keep the Ann Taylor jacket but ditch the prissy lace-collared blouse for a less fussy sheer white tee. We get where you were going with the Asos shorts, but think this sleek print pencil skirt would look way more chic and flattering. Then take two classic black pumps and call us in the morning.

Tell us: How would you cure Julianne Hough’s ensemble?

–Alex Apatoff

PHOTOS: SEE MORE QUESTIONABLE OUTFITS HERE, THEN VOTE: OBSESSED OR HOT MESS?

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Women have caught up to men on lung cancer risk

Smoke like a man, die like a man.

U.S. women who smoke today have a much greater risk of dying from lung cancer than they did decades ago, partly because they are starting younger and smoking more — that is, they are lighting up like men, new research shows.

Women also have caught up with men in their risk of dying from smoking-related illnesses. Lung cancer risk leveled off in the 1980s for men but is still rising for women.

"It's a massive failure in prevention," said one study leader, Dr. Michael Thun of the American Cancer Society. And it's likely to repeat itself in places like China and Indonesia where smoking is growing, he said. About 1.3 billion people worldwide smoke.

The research is in Thursday's New England Journal of Medicine. It is one of the most comprehensive looks ever at long-term trends in the effects of smoking and includes the first generation of U.S. women who started early in life and continued for decades, long enough for health effects to show up.

The U.S. has more than 35 million smokers — about 20 percent of men and 18 percent of women. The percentage of people who smoke is far lower than it used to be; rates peaked around 1960 in men and two decades later in women.

Researchers wanted to know if smoking is still as deadly as it was in the 1980s, given that cigarettes have changed (less tar), many smokers have quit, and treatments for many smoking-related diseases have improved.

They also wanted to know more about smoking and women. The famous surgeon general's report in 1964 said smoking could cause lung cancer in men, but evidence was lacking in women at the time since relatively few of them had smoked long enough.

One study, led by Dr. Prabhat Jha of the Center for Global Health Research in Toronto, looked at about 217,000 Americans in federal health surveys between 1997 and 2004.

A second study, led by Thun, tracked smoking-related deaths through three periods — 1959-65, 1982-88 and 2000-10 — using seven large population health surveys covering more than 2.2 million people.

Among the findings:

— The risk of dying of lung cancer was more than 25 times higher for female smokers in recent years than for women who never smoked. In the 1960s, it was only three times higher. One reason: After World War II, women started taking up the habit at a younger age and began smoking more.

—A person who never smoked was about twice as likely as a current smoker to live to age 80. For women, the chances of surviving that long were 70 percent for those who never smoked and 38 percent for smokers. In men, the numbers were 61 percent and 26 percent.

—Smokers in the U.S. are three times more likely to die between ages 25 and 79 than non-smokers are. About 60 percent of those deaths are attributable to smoking.

—Women are far less likely to quit smoking than men are. Among people 65 to 69, the ratio of former to current smokers is 4-to-1 for men and 2-to-1 for women.

—Smoking shaves more than 10 years off the average life span, but quitting at any age buys time. Quitting by age 40 avoids nearly all the excess risk of death from smoking. Men and women who quit when they were 25 to 34 years old gained 10 years; stopping at ages 35 to 44 gained 9 years; at ages 45 to 54, six years; at ages 55 to 64, four years.

—The risk of dying from other lung diseases such as emphysema and chronic bronchitis is rising in men and women, and the rise in men is a surprise because their lung cancer risk leveled off in 1980s.

Changes in cigarettes since the 1960s are a "plausible explanation" for the rise in non-cancer lung deaths, researchers write. Most smokers switched to cigarettes that were lower in tar and nicotine as measured by tests with machines, "but smokers inhaled more deeply to get the nicotine they were used to," Thun said. Deeper inhalation is consistent with the kind of lung damage seen in the illnesses that are rising, he said.

Scientists have made scant progress against lung cancer compared with other forms of the disease, and it remains the leading cause of cancer deaths worldwide. More than 160,000 people die of it in the U.S. each year.

The federal government, the Canadian Institutes of Health Research, the Bill and Melinda Gates Foundation, the cancer society and several universities paid for the new studies. Thun testified against tobacco companies in class-action lawsuits challenging the supposed benefits of cigarettes with reduced tar and nicotine, but he donated his payment to the cancer society.

Smoking needs more attention as a health hazard, Dr. Steven A. Schroeder of the University of California, San Francisco, wrote in a commentary in the journal.

"More women die of lung cancer than of breast cancer. But there is no 'race for the cure' for lung cancer, no brown ribbon" or high-profile advocacy groups for lung cancer, he wrote.

Kathy DeJoseph, 62, of suburban Atlanta, finally quit smoking after 40 years — to qualify for lung cancer surgery last year.

"I tried everything that came along, I just never could do it," even while having chemotherapy, she said.

It's a powerful addiction, she said: "I still every day have to resist wanting to go buy a pack."

___

Online:

American Cancer Society: http://www.cancer.org

National Cancer Institute: http://www.cancer.gov/cancertopics/tobacco/smoking and http://www.cancer.gov/cancertopics/types/lung

Medical journal: http://www.nejm.org

___

Marilynn Marchione can be followed at http://twitter.com/MMarchioneAP

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Stock futures drop as Apple revenue miss halts stocks rally

NEW YORK (Reuters) - Stock index futures fell Thursday as a revenue miss by Apple triggered a slide of nearly 10 percent in its shares in after-hours trading, and analysts said equities may be due for a pullback after a six-day rally for the S&P 500.

Apple Inc missed Wall Street's revenue forecast for a third straight quarter after iPhone sales came in below expectations, fanning fears its dominance of consumer electronics is slipping. The shares dropped 9.5 percent to $465.40 in premarket trading, wiping out about $50 billion of its market value.

However, some positive economic news looked set to put a floor under stock prices. Growth in Chinese manufacturing accelerated to a two-year high this month and a buoyant Germany took the euro zone economy a step closer to recovery, business surveys showed on Thursday.

"The march to 1,500 on the S&P is looking quite strong, the question is will Apple be the spoiler?" said Peter Cardillo, chief market economist at Rockwell Global Capital in New York.

"My guess is that while Nasdaq might suffer losses today, both the Dow and the S&P may do otherwise based on economic news out of China and Europe."

The S&P 500 rose for a sixth day on Wednesday after stronger-than-expected profits from IBM and Google . But the rally that has lifted stocks to five-year highs could be halted by Apple's after-hours revenue miss, especially on the technology heavy Nasdaq index.

S&P 500 futures fell 3.7 point and were below fair value, a formula that evaluates pricing by taking into account interest rates, dividends and time to expiration on the contract. Dow Jones industrial average futures rose 6 points and Nasdaq 100 futures fell 34.75 points.

Corporate earnings have helped drive the recent stock market rally. Thomson Reuters data through Wednesday showed that of the 99 S&P 500 companies that have reported earnings, 67.7 percent have exceeded expectations, above the 65 percent average over the past four quarters.

Investors in U.S.-based mutual funds pumped $9.32 billion into stock funds in the week ended January 16, the second consecutive week of inflows for such funds, data from the Investment Company Institute showed Wednesday.

European shares were little changed in midday trading as mixed company earnings coupled with conflicting economic data from the region made investors wary, with indexes at multi-year highs. <.eu/>

Netflix Inc surprised Wall Street on Wednesday with a quarterly profit after the video subscription service added nearly 4 million customers in the United States and abroad, sending its shares nearly 40 percent higher in premarket trading.

On the macro front, investors awaited weekly jobless claims, at 8:30 a.m. ET (1330 GMT), Markit Manufacturing PMI for January, due at 8:58 a.m. (1358 GMT), and December leading economic indicators, due at 10:00 (1500 GMT).

Among the companies set to report results Thursday were Bristol-Myers Squibb , Lockheed Martin , 3M Company , Microsoft , Raytheon , Starbucks , AT&T Inc. , and Xerox Corp. .

(Editing by Bernadette Baum)

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India Ink: Pocket Guide to the Jaipur Literature Festival

India Ink asked writers, publishers, literary agents and fans of the five-day Jaipur Literature Festival what events they are most looking forward to this year. Here are their responses:

Samanth Subramanian, the Indian correspondent for The National and the author of “Following Fish: Travels around the Indian Coast.”

Friday, January 25

10 a.m.-11 a.m.: “The Writer and the State” — Ariel Dorfman, Frank Dikotter, Ian Buruma, Selma Dabbagh and Sudeep Chakravarti in conversation with Timothy Garton Ash

I once directed a play written by Ariel Dorfman, which was relentless in probing issues of guilt and revenge. Ian Buruma’s “The Wages of Guilt” was my first model for the book I’m currently working on. I’m very keen to hear what they both have to say about the state and its relationship to art.

12:30 p.m.-1:30 p.m.: “What is a Classic?” — Anish Kapoor, Elif Batuman, Tom Holland, Christopher Ricks and Ashok Vajpeyi in conversation with Homi Bhabha

A wonderfully multidisciplinary panel, featuring a sculptor, a nonfiction writer, a poet, a literary critic and a literary theorist, all putting their minds to answer a question as old as time.

Sunday, January 27

10 a.m.-11 a.m.: “The Global Soul and the Search for Home” — Pico Iyer, Abraham Verghese, Laleh Khadivi, Akash Kapur and Sadakat Kadri, moderated by Aminatta Forna

My favorite book of 2012 was Pico Iyer’s “The Man Within My Head,” and I’m always interested in the animating question of our restless age: if we are everywhere at once, where do we belong?

Namita Devidayal, journalist with The Times of India and author of “The Music Room” and “After Taste”

Thursday, January 24

12:30 p.m.-1:30 p.m.: “The Man Within My Head” — Pico Iyer in conversation with Akash Kapur

Where Pico Iyer unravels the mysterious closeness he has always felt with the writer Graham Greene – their old-school education and their lifelong restlessness. I am an enormous fan of both writers. In this session, Pico Iyer talks to Akash Kapur on how literature can impact the reader’s inner life.

2:15 p.m.-3:15 p.m: “Kinships of Faiths: Finding the Middle Way” — the Dalai Lama in conversation with Pico Iyer

The eternally inspiring and loving Dalai Lama in conversation with Pico Iyer, his friend and biographer.

3:30 p.m.-4:30 p.m.: “Cutting for Stone” — Abraham Verghese in conversation with Rick Simonson

Abraham Verghese, whose memoir “My Own Country” had a profound impact on me, talks about his life between writing and medicine.

Besides these, I am always excited about my two favorite evening events — the Random House party and the Penguin party.

Priyanka Malhotra, chief executive of Full Circle, official book partner for Jaipur Literary Festival

We have been coming to the festival for the last four years, and this year there are more authors attending the festival than ever before. Some authors that I’m looking forward to hearing are Pico Iyer, Victor Chan, Ranjini Obeyesekere, Mahasweta Devi, Ambai, Elif Batuman and so many more.

Friday, January 25

6 p.m.-7 p.m.: “The Jewish Novel” — Linda Grant, Howard Jacobson, Gary Shteyngart and Andrew Solomon moderated by Jonathan Shainin

Saturday, January 26

10 a.m.-11 a.m.: “Republic of Ideas” — Patrick French, Ashis Nandy, Ashutosh, Tarun Tejpal and Richard Sorabji in conversation with Urvashi Butalia

Monday, January 28

3:30 p.m.-4:30 p.m.: “The Art of Historical Fiction” — Linda Grant, Madeline Miller, Philip Hensher, Lawrence Norfolk in conversation with Jeet Thayil

Mita Kapur, chief executive of Siyahi, a literary agency

Thursday, January 24

11:15 a.m.-12:15 p.m.: “The Global Shakespeare: — Christopher Ricks, Tim Supple, Elif Batuman, Chandrahas Choudhury and Anjum Hasan, moderated by Supriya Nair

2:15 p.m.-3:15 p.m.: “Beyond the Khyber: The Future of Afghanistan” — Edward Girardet, Jason Burke, Lucy Morgan Edwards, moderated by Faisal Devji

5 p.m.-6 p.m: “Colliding Worlds: The Quest for Justice” — Binayak Sen, Ilina Sen, Harsh Mander and Rohini Nilekani in conversation with Surina Narula

6 p.m.-7 p.m: “The Novel of the Future” — Mohammed Hanif, Howard Jacobson, Nadeem Aslam, Linda Grant, Lawrence Norfolk and Zoe Heller in conversation with Anita Anand

Friday, January 25

11: 15 a.m.-12:15 p.m.: “Laughing, Weeping, Writing” — Manu Joseph, Mohammed Hanif, Gary Shteyngart and Deborah Moggach in conversation with Ashok Ferrey

12:30 p.m.-1:30pm: “What is a Classic?” Anish Kapoor, Elif Batuman, Tom Holland, Christopher Ricks and Ashok Vajpeyi in conversation with Homi Bhabha

Chiki Sarkar, publisher of Penguin Books India

Each year, I make sure we launch one debut writer for Jaipur Lit Fest. This year it’s a brilliant young writer called Anjan Sunderam, who everyone from Pico Iyer to Pankaj Mishra has been raving about. He’s been hailed as a young Kapuscinski and his book, “Stringer,” is about a year and a half he spent in Congo. He’ll be at a few events, and I’ll be his loyal groupie.

Saturday, January 26

3:30pm-4:30 p.m.: “Out of Africa” — Aminatta Forna, Anjan Sundaram and Mary Harper in conversation with Kwasi Kwarteng

Sunday, January 27

12:30pm- 1.30pm: ‘Dispatches’ Anjan Sundaram, Jason Burke, Lucy Morgan Edwards and Edward Girardet in conversation with Madhu Trehan

I’m a great admirer of Elif Batuman’s writing for The New Yorker and am currently reading and loving her marvelous book on Russian literature called “The Possessed.” It combines erudition, passion and also wit, charm and quirkiness – not qualities you usually associate with a book of literary essays. I can’t wait to see what she’s like on stage.

Thursday, January 24

11:15 a.m.-12:15 p.m.: “The Global Shakespeare” — Christopher Ricks, Tim Supple, Elif Batuman, Chandrahas Choudhury and Anjum Hasan, moderated by Supriya Nair

Friday, January 25

12:30 p.m.-1:30 p.m: “What is a Classic?’ Anish Kapoor, Elif Batuman, Tom Holland, Christopher Ricks and Ashok Vajpeyi in conversation with Homi Bhabha

Sunday, January 27

10 a.m.-11 a.m.: “Natasha’s Dance: Adventures with Russian Books” — Orlando Figes and Elif Batuman in conversation with John Kampfner

When I looked through the program, my eye was immediately caught by the James Bond session. I love the Bond books and spent a summer reading them all and am really looking forward to this one.

Friday, January 25

12:30 p.m.-1:30 p.m.: “007: Ian Fleming and the Making of James Bond” — Andrew Lycett and Sebastian Faulks introduced by Zac O’Yeah

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Google’s 4Q earnings rise despite Motorola woes

SAN FRANCISCO (AP) — Google eked out slightly higher earnings in the fourth quarter, despite a financial drag caused by the Internet search leader’s expansion into device manufacturing and a decline in digital ad prices as more people gaze into the smaller screens of smartphones.

The results announced Tuesday pleased investors, helping to lift Google’s stock by 5 percent in extended trading.

More advertising poured into Google during the holiday shopping season, fueling a moneymaking machine that has steadily churned out higher profits since the company went public in 2004. Google’s fourth-quarter ad revenue totaled $ 12.1 billion, a 19 percent increase from the previous year.

Some of that money, though, has been shifting away from personal computers as advertisers try to connect with an expanding audience that relies on smartphones and tablet computers to reach Google’s search engine, email and other online services. By some estimates, about one-fourth of the clicks on Google’s search ads are now coming from mobile devices.

So far, advertisers have been unwilling to pay as much money to market their wares on mobile devices, largely because the smaller screens leave less room for commercial links and other marketing messages. The trend is one of the reasons that the average price for the ads that Google shows next to its search results has fallen from the previous year in five consecutive quarters, including the final three months of last year.

In a positive sign, though, Google’s average ad prices in the most recent quarter dropped by just 6 percent from the same period in 2011. That’s the smallest decline during the pricing downturn, raising hopes that Google may be starting to solve the pricing problems posed by the growing usage of mobile devices.

In a conference call Tuesday, Google CEO Larry Page predicted ad prices will gradually rise as the devices become even more sophisticated to unleash new ways to reach potential customers at the times they are most likely to buy something.

“In today’s multi-screen world, the opportunities are endless,” Page said.

Google earned nearly $ 2.9 billion, or $ 8.62 per share, during the fourth quarter. That compared to net income of $ 2.7 billion, or $ 8.22 per share, at the same time last year.

If not for the costs of employee stock compensation and certain other accounting items, Google said it would have earned $ 10.65 per share. On that basis, Google exceeded the average earnings estimate of $ 10.54 among analysts surveyed by FactSet.

It proved to be a difficult quarter to decipher because of an accounting quirk and the additions of new business lines that muddied the comparisons with the previous year.

For instance, Google Inc. didn’t own Motorola Mobility in 2011, having completed its $ 12.4 billion acquisition of the troubled handset maker eight months ago. What’s more, the Google is bringing in more revenue from tablet computers, which it began selling under the Nexus brand during the final half of last year.

Things were further complicated by Google’s recent agreement to sell a part of the Motorola Mobility division that makes cable TV boxes. That division is now accounted for as a discontinued operation whose revenue wasn’t booked in the latest quarter, even though it will remain a part of Google until the $ 2.35 billion sale is completed later this year.

Under that equation, revenue surged 36 percent from the previous year to $ 14.4 billion.

After subtracting advertising expenses, Google’s revenue totaled $ 11.3 billion. That figure was well below the average analyst estimate of $ 12.1 billion, according to FactSet.

But many of the analyst forecasts included revenue from Motorola Mobility’s set-top division, which Google excluded from its breakdown. Had the set-top division been included in Google’s accounting, the company’s net revenue would have matched analyst estimates.

The performance boosted Google’s stock by $ 35.33 to $ 738.20 in Tuesday’s extended trading.

Google would be doing even better if not for problems at Motorola Mobility, a cellphone pioneer that has been struggling since Apple revolutionized the industry with the release of the iPhone in 2007.

Motorola Mobility suffered an operating loss of $ 353 million on revenue of $ 1.5 billion in the fourth quarter

Google has been able to offset the slump in its search advertising prices by selling more video advertising on its YouTube subsidiary and other more graphical forms of marketing. The number of clicks on Google ads has still been rising, too. That’s important because the company typically gets paid by the click. In the fourth quarter, Google’s total ad clicks rose 24 percent from the previous year.

To gain a foothold in the mobile market, Google bakes its services into its Android software, an operating system that it gives away to makers of smartphones and tablets.

Android is now powers more than 500 million mobile devices worldwide, giving it a wide lead over Apple’s software for iPhones and iPads. Through September, Apple had shipped about 370 million iPhones and iPads. Apple Inc., which has morphed from a Google ally to bigger rival in the past five years, is scheduled to release its fourth-quarter results after the stock market closes Wednesday.

Google, which is based in Mountain View, Calif., didn’t update how many more Android devices were activated in the fourth quarter..

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Paula Deen: How My Whole Family Got Fit!

By Liza Hamm

01/23/2013 at 07:45 AM EST

Paula Deen is the first one to admit: "When I first found out I was diabetic, I had no solutions. I couldn’t even help myself, much less somebody else." 

Now – one year after she announced her Type 2 diabetes diagnosis to a mix of criticism and support – Deen is not only showcasing how she trimmed off 40 lbs. 

In this week's issue, the 66-year-old Food Network star invited PEOPLE into her Savannah home to share how her family members adopted different weight loss strategies and lost an astounding 178 lbs. total.

By figuring out a diet plan that works for their particular schedule and lifestyle, Deen's husband Michael Groover shed 60 lbs., her oldest son Jamie got rid of an excess 45 lbs., and her youngest son Bobby maintained his 33-lb. loss.

But no one sacrificed their love of Southern food. Instead they learned to stick to Deen's new mantra. "Moderation, moderation, moderation," says Deen, whose new cookbook The New Testament due out this fall will include her go-to recipes and tips. "I love feeding people but now I also want to help people eat right."

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Foes of NYC soda size limit doubt racial fairness

NEW YORK (AP) — Opponents of the city's limit on the size of sugary drinks are raising questions of racial fairness alongside other complaints as the novel restriction faces a court test.

The NAACP's New York state branch and the Hispanic Federation have joined beverage makers and sellers in trying to stop the rule from taking effect March 12. With a hearing set Wednesday, critics are attacking what they call an inconsistent and undemocratic regulation, while city officials and health experts defend it as a pioneering and proper move to fight obesity.

The issue is complex for the minority advocates, especially given obesity rates that are higher than average among blacks and Hispanics, according to the federal Centers for Disease Control. The groups say in court papers they're concerned about the discrepancy, but the soda rule will unduly harm minority businesses and "freedom of choice in low-income communities."

The latest in a line of healthy-eating initiatives during Mayor Michael Bloomberg's administration, the beverage rule bars restaurants and many other eateries from selling high-sugar drinks in cups or containers bigger than 16 ounces. Violations could bring $200 fines; the city doesn't plan to start imposing those until June.

The city Board of Health OK'd the measure in September. Officials cited the city's rising obesity rate — about 24 percent of adults, up from 18 percent in 2002 — and pointed to studies linking sugary drinks to weight gain. Care for obesity-related illnesses costs more than $4.7 billion a year citywide, with government programs paying about 60 percent of that, according to city Health Commissioner Dr. Thomas Farley.

"It would be irresponsible for (the health board) not to act in the face of an epidemic of this proportion," the city says in court papers. The National Association of Local Boards of Health and several public health scholars have backed the city's position in filings of their own.

Opponents portray the regulation as government nagging that turns sugary drinks into a scapegoat when many factors are at play in the nation's growing girth.

The American Beverage Association and other groups, including movie theater owners and Korean grocers, sued. They argue that the first-of-its-kind restriction should have gone before the elected City Council instead of being approved by the Bloomberg-appointed health board.

Five City Council members echo that view in a court filing, saying the Council is "the proper forum for balancing the city's myriad interests in matters of public health." The Bloomberg administration counters that the health board, made up of doctors and other health professionals, has the "specialized expertise" needed to make the call on limiting cola sizes.

The suit also argues the rule is too narrow to be fair. Alcohol, unsweetened juice and milk-based drinks are excluded, as are supermarkets and many convenience stores — including 7-Eleven, home of the Big Gulp — that aren't subject to city health regulations.

The NAACP and the Hispanic Federation, a network of 100 northeastern groups, say minority-owned delis and corner stores will end up at a disadvantage compared to grocery chains.

"This sweeping regulation will no doubt burden and disproportionally impact minority-owned businesses at a time when these businesses can least afford it," they said in court papers. They say the city should focus instead on increasing physical education in schools.

During Bloomberg's 11-year tenure, the city also has made chain restaurants post calorie counts on their menus and barred artificial trans fats in french fries and other restaurant food.

In general, state and local governments have considerable authority to enact laws intended to protect people's health and safety, but it remains to be seen how a court will view a portion-size restriction, said Neal Fortin, director, Institute for Food Laws and Regulations at Michigan State University.

___

Follow Jennifer Peltz at http://twitter.com/jennpeltz

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Stock futures flat, but techs rally in preopen trade

NEW YORK (Reuters) - Stock index futures were flat on Wednesday, with investors reluctant to make big bets following a five-day rally that took major averages to levels not seen since December 2007.

Tech shares will be in focus following strong results from both IBM and Google, which rallied in premarket and continued the string of major companies outperforming following results.

Investors were also cautious as they awaited another onslaught of earnings reports, including from Dow components McDonald's Corp and United Technologies . Apple Inc reports after the market closes and investors will scour that report for signs the company can continue to grow at an accelerated pace.

Google Inc rose 5.1 percent to $738.61 in light premarket trading a day after the search giant's core Internet business outpaced expectations. Revenue was also higher than expected.

International Business Machines Corp late Tuesday forecast better-than-anticipated 2013 results and also posted fourth-quarter earnings and revenue that beat expectations. The results helped to allay concerns about the tech sector that arose when Intel Corp gave a weak outlook last week. IBM, which is a Dow component, rose 3.9 percent to $203.81 before the bell.

According to the latest Thomson Reuters data, of the 74 S&P 500 companies that have reported earnings so far, 62.2 percent have topped expectations, roughly even with the 62 percent average since 1994, but below the 65 percent average over the past four quarters.

Overall, S&P 500 fourth-quarter earnings are forecast to have risen 2.6 percent. That estimate is above the 1.9 percent forecast from the start of earnings season, but well below the 9.9 percent fourth-quarter earnings forecast from October 1, the data showed.

S&P 500 futures fell 1.8 point and were below fair value, a formula that evaluates pricing by taking into account interest rates, dividends and time to expiration on the contract. Dow Jones industrial average futures were flat points and Nasdaq 100 futures rose 3.5 points.

Both the S&P 500 and Dow Jones industrial average hit five-year closing highs on Tuesday, and recent gains have largely been fueled by a strong start to the earning season. The S&P has jumped 6.4 percent over the past four weeks.

Republican leaders in the U.S. House of Representatives aim on Wednesday to pass a bill to extend the U.S. debt limit by nearly four months, to May 19. The White House welcomed the move, saying it would remove uncertainty about the issue.

The debt limit issue has been viewed as a market overhang for the past few weeks, with many investors worried that if no deal is reached to raise the limit, it could have a negative impact on the economy.

Bank and commodity shares led the benchmark Standard & Poor's 500 Index to a fresh five-year closing high on Tuesday on hopes that the global economy continues to mend.

(Editing by W Simon)

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