Critics seek to delay NYC sugary drinks size limit

NEW YORK (AP) — Opponents are pressing to delay enforcement of the city's novel plan to crack down on supersized, sugary drinks, saying businesses shouldn't have to spend millions of dollars to comply until a court rules on whether the measure is legal.

With the rule set to take effect March 12, beverage industry, restaurant and other business groups have asked a judge to put it on hold at least until there's a ruling on their lawsuit seeking to block it altogether. The measure would bar many eateries from selling high-sugar drinks in cups or containers bigger than 16 ounces.

"It would be a tremendous waste of expense, time, and effort for our members to incur all of the harm and costs associated with the ban if this court decides that the ban is illegal," Chong Sik Le, president of the New York Korean-American Grocers Association, said in court papers filed Friday.

City lawyers are fighting the lawsuit and oppose postponing the restriction, which the city Board of Health approved in September. They said Tuesday they expect to prevail.

"The obesity epidemic kills nearly 6,000 New Yorkers each year. We see no reason to delay the Board of Health's reasonable and legal actions to combat this major, growing problem," Mark Muschenheim, a city attorney, said in a statement.

Another city lawyer, Thomas Merrill, has said officials believe businesses have had enough time to get ready for the new rule. He has noted that the city doesn't plan to seek fines until June.

Mayor Michael Bloomberg and other city officials see the first-of-its-kind limit as a coup for public health. The city's obesity rate is rising, and studies have linked sugary drinks to weight gain, they note.

"This is the biggest step a city has taken to curb obesity," Bloomberg said when the measure passed.

Soda makers and other critics view the rule as an unwarranted intrusion into people's dietary choices and an unfair, uneven burden on business. The restriction won't apply at supermarkets and many convenience stores because the city doesn't regulate them.

While the dispute plays out in court, "the impacted businesses would like some more certainty on when and how they might need to adjust operations," American Beverage Industry spokesman Christopher Gindlesperger said Tuesday.

Those adjustments are expected to cost the association's members about $600,000 in labeling and other expenses for bottles, Vice President Mike Redman said in court papers. Reconfiguring "16-ounce" cups that are actually made slightly bigger, to leave room at the top, is expected to take cup manufacturers three months to a year and cost them anywhere from more than $100,000 to several millions of dollars, Foodservice Packaging Institute President Lynn Dyer said in court documents.

Movie theaters, meanwhile, are concerned because beverages account for more than 20 percent of their overall profits and about 98 percent of soda sales are in containers greater than 16 ounces, according to Robert Sunshine, executive director of the National Association of Theatre Owners of New York State.

___

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

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Stock futures edge higher with earnings in focus

NEW YORK (Reuters) - Stock index futures rose on Wednesday, adding to the benchmark S&P 500's rally of more than 1 percent a day earlier, buoyed by solid corporate earnings and an optimistic outlook from Disney.

Walt Disney Co beat estimates for quarterly adjusted earnings and said it expected the next few quarters to be better due to a stronger lineup of movies and rising attendance at its theme parks. Shares advanced 3.2 percent to $56.03 in light premarket trading.

With a lack of economic catalysts on Wednesday, investor focus has turned to an earnings season that has been better than anticipated.

According to Thomson Reuters data through Tuesday morning, of the 278 companies in the S&P 500 <.spx> that have reported earnings, 68.7 percent have beat analysts' expectations, above a 62 percent average since 1994 and 65 percent over the past four quarters.

In another positive sign, sixty-six percent of companies have topped revenue forecasts. Fourth-quarter earnings for S&P 500 companies are now expected to rise 4.5 percent, according to the data, above the 1.9 percent forecast at the start of earnings season.

S&P 500 futures rose 1.6 points and were slightly above 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 gained 42 points, and Nasdaq 100 futures added 0.75 points.

The benchmark S&P index rose 1.04 percent Tuesday, its biggest percentage gain since a 2.5-percent advance on January 2, when legislators sidestepped a "fiscal cliff" of spending cuts and tax hikes that could have hurt a fragile U.S. economic recovery.

Visa , the world's largest credit and debit card network, is expected to report earnings per share of $1.79 for its first quarter, up from $1.49 a year earlier. Smaller rival MasterCard recently reported better-than-expected results but said its revenue growth could slow in the first half of the year due to economic uncertainty.

Zynga Inc jumped 6.9 percent to $2.93 in premarket trading after the online gaming company reported an unexpected fourth-quarter profit, following steep cost cuts and shifting forward deferred revenue.

European stocks rose, extending the previous session's recovery with an upbeat outlook from ArcelorMittal reassuring investors. <.eu/>

Asian shares rose, with Japanese equities climbing to their highest since October 2008 on hopes of central bank monetary policy easing and optimism about the prospects for a global economic recovery.

(Editing by Bernadette Baum)

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Ireland to Publish Report on Laundry Workhouses

DUBLIN - Ireland is preparing to wash its dirty laundry in public on Tuesday with the publication of an extensive report into the Magdalene Institutions, workhouses operated by Catholic religious orders where an estimated 30,000 girls and young women were detained between 1922 and 1996.

The dwindling group of survivors of the laundries are seeking a state apology for their treatment and payment for years of unpaid labor and pension payments. The “Maggies” were excluded from a previous compensation scheme for those who suffered in state-run institutions on the basis that the laundries were never inspected or regulated.

In an opinion piece in The Irish Times this morning, Jim Smith, an associate professor at Boston College and a committee member of the Justice for Magdalenes campaign group, said: “These women were abused in the past and have been abandoned in the present.”

“The women’s testimony is compelling,” he wrote. “It rebuts government claims that they entered these institutions ‘voluntarily’. It contradicts the religious orders’ assertion that women were free to come and go as they pleased.”

The 1,000-page report is expected to be presented to the Irish cabinet Tuesday afternoon. It was prepared by a committee formed from five government departments, chaired by Senator Martin McAleese, the husband of former Irish President Mary McAleese. It is expected to contain conclusions but no recommendations. It remains unclear if the government will take responsibility and issue a state apology.

The government set up the committee in June 2011 following a report from the United Nations Committee Against Torture, which described the system as slavery and called for the investigation.

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Eva Longoria Reveals Valentine's Day (and Upcoming Birthday!) Plans

Caught in the Act

02/05/2013 at 06:00 AM EST

Eva Longoria

Denise Truscello/WireImage

Eva Longoria already knows what she'll be doing on Valentine's Day.

The actress visited the new restaurant and nightclub, She by Morton's, in Las Vegas – in which she is a part owner – on Saturday night, and revealed what's on her agenda for the heartfelt holiday.

"Eva said she would be spending Valentine's Day with her girlfriends – like she always does," a source tells PEOPLE. But that's not the only thing on her agenda. The former Desperate Housewives star also said she's also made plans for her March birthday.

"She's taking a charity trip to South America, which she is really excited about," the source says. "She joked that you shouldn't celebrate birthdays after a certain age because we don't want to remind people how old we are!"

– Patrick Gomez

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Bullying study: It does get better for gay teens

CHICAGO (AP) — It really does get better for gay and bisexual teens when it comes to being bullied, although young gay men have it worse than their lesbian peers, according to the first long-term scientific evidence on how the problem changes over time.

The seven-year study involved more than 4,000 teens in England who were questioned yearly through 2010, until they were 19 and 20 years old. At the start, just over half of the 187 gay, lesbian and bisexual teens said they had been bullied; by 2010 that dropped to 9 percent of gay and bisexual boys and 6 percent of lesbian and bisexual girls.

The researchers said the same results likely would be found in the United States.

In both countries, a "sea change" in cultural acceptance of gays and growing intolerance for bullying occurred during the study years, which partly explains the results, said study co-author Ian Rivers, a psychologist and professor of human development at Brunel University in London.

That includes a government mandate in England that schools work to prevent bullying, and changes in the United States permitting same-sex marriage in several states.

In 2010, syndicated columnist Dan Savage launched the "It Gets Better" video project to encourage bullied gay teens. It was prompted by widely publicized suicides of young gays, and includes videos from politicians and celebrities.

"Bullying tends to decline with age regardless of sexual orientation and gender," and the study confirms that, said co-author Joseph Robinson, a researcher and assistant professor of educational psychology at the University of Illinois in Urbana-Champaign. "In absolute terms, this would suggest that yes, it gets better."

The study appears online Monday in the journal Pediatrics.

Eliza Byard, executive director of the Gay, Lesbian & Straight Education Network, said the results mirror surveys by her anti-bullying advocacy group that show bullying is more common in U.S. middle schools than in high schools.

But the researchers said their results show the situation is more nuanced for young gay men.

In the first years of the study, gay boys and girls were almost twice as likely to be bullied as their straight peers. By the last year, bullying dropped overall and was at about the same level for lesbians and straight girls. But the difference between men got worse by ages 19 and 20, with gay young men almost four times more likely than their straight peers to be bullied.

The mixed results for young gay men may reflect the fact that masculine tendencies in girls and women are more culturally acceptable than femininity in boys and men, Robinson said.

Savage, who was not involved in the study, agreed.

"A lot of the disgust that people feel when you bring up homosexuality ... centers around gay male sexuality," Savage said. "There's more of a comfort level" around gay women, he said.

Kendall Johnson, 21, a junior theater major at the University of Illinois, said he was bullied for being gay in high school, mostly when he brought boyfriends to school dances or football games.

"One year at prom, I had a guy tell us that we were disgusting and he didn't want to see us dancing anymore," Johnson said. A football player and the president of the drama club intervened on his behalf, he recalled.

Johnson hasn't been bullied in college, but he said that's partly because he hangs out with the theater crowd and avoids the fraternity scene. Still, he agreed, that it generally gets better for gays as they mature.

"As you grow older, you become more accepting of yourself," Johnson said.

___

Online:

Pediatrics: http://www.pediatrics.org

It Gets Better: http://www.itgetsbetter.org

___

AP Medical Writer Lindsey Tanner can be reached at http://www.twitter.com/LindseyTanner

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Stock futures indicate rebound from recent sell-off

NEW YORK (Reuters) - Stock index futures advanced on Tuesday retracing ground lost the prior day, indicating that Wall Street would rebound off its worst daily session since November.

Major averages dropped about 1 percent on Monday, pressured by renewed worries over the euro zone's sovereign debt crisis. While the day's decline pushed the S&P 500 into negative territory for February, equities have been strong performers of late, and the benchmark index is up 4.9 percent for 2013.

Wall Street has advanced on strong fourth-quarter earnings and signs of improved economic growth, suggesting the market's longer-term trend remains higher.

"Markets may have been slightly ahead of themselves, but investors recognize that earnings and data are both more positive than we previously thought, so no one should worry that yesterday was the start of anything bigger," said Oliver Purshe, president of Gary Goldberg Financial Services in Suffern, New York.

Archer Daniels Midland , Walt Disney Co and Kellogg Co are among the companies on tap to report on Tuesday. According to Thomson Reuters data, of the 256 S&P 500 companies that have reported earnings thus far, 68.4 percent have beaten profit expectations, compared with the 62 percent average since 1994 and the 65 percent average over the past four quarters.

Fourth-quarter earnings for S&P 500 companies are expected to rise 4.4 percent, according to the data. That estimate is above the 1.9 percent forecast at the start of earnings season, but well below the 9.9 percent forecast on October 1.

S&P 500 futures rose 7.2 points and were above 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 added 69 points and Nasdaq 100 futures rose 11.5 points.

At current levels, the S&P is about 5.4 percent away from its all-time intraday high of 1,576.09, reached in October 2011.

Investors will also be looking to the Institute for Supply Management's January non-manufacturing index, due at 10 a.m. Economists forecast a reading of 55.2, versus 55.7 in December.

Last week, the ISM's manufacturing index for January showed the pace of growth in manufacturing picked up to its highest level in nine months.

In company news, McGraw-Hill will be in focus a day after news the U.S. Justice Department plans to sue the company's Standard & Poor's unit over its mortgage bond ratings. The action would mark the first such federal action against a credit rating agency related to the recent financial crisis.

The stock plummeted almost 14 percent in Monday's session, its worst daily losses since the October 1987 market crash.

U.S. shares of BP Plc rose 1.9 percent to $44.49 before the bell after the company reported earnings that beat expectations and said underlying financial momentum would be "strongly evident" by 2014.

Dell Inc may also be volatile as the company moved closer to a nearly $24 billion buyout deal to take the company private. The stock rose 1.1 percent to $13.42 in light premarket trading.

U.S. stocks slid on Monday as worries about Europe caused the market to pull back from recent gains.

(Editing by Theodore d'Afflisio)

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Letter from Europe: Corruption Undermining Democracy in Europe

BERLIN — Thorbjorn Jagland has made the fight against corruption his big challenge. As secretary general of the Council of Europe, a governmental group that was founded in 1949 to promote human rights on the Continent, he knows about corruption firsthand.

Since the fall of Communism, the council has become, in effect, the first way station for former Soviet bloc nations aspiring to join a web of Western alliances.

As a result, some council members, notably Central Asian states and Russia, have tried to influence the organization’s parliamentary assembly with lavish gifts and trips, Mr. Jagland said. They also hire lobbyists to fend off criticism of their human rights records.

“Kicking these countries out is not an option,” Mr. Jagland said in an interview. “The council is introducing new rules about what kind of gifts should be given. If political bodies want to combat corruption, then we have to start with ourselves.”

Mr. Jagland, a Norwegian who also heads the committee that awards the Nobel Peace Prize, knows that corruption damages the council’s reputation. Worse, he believes that corruption has an insidious impact on political institutions and democracy itself.

“It is the biggest threat to democracy in Europe today. It undermines citizens’ trust in the rule of law,” he said, mentioning his own Norway, and Finland, both perceived as bastions of integrity yet both now embroiled in corruption scandals.

Has corruption really become so prevalent that it demands campaigns and new agencies to combat it?

“I don’t think the corruption was less a few years ago than it is today,” said Alina Mungiu-Pippidi, director of the European Research Center for Anti-Corruption at the Hertie School of Governance in Berlin.

The European Union, for example, knew that funds earmarked for improving infrastructure were misappropriated in many of the 27 member countries, she argued. In many cases such abuses were tolerated.

The euro crisis, however, seems to have changed public attitudes.

Because of the austerity measures in Greece, Ireland, Portugal and Spain, voters there are no longer prepared to tolerate corruption. They want an end to the kickbacks, undeclared taxes or overseas bank accounts held by politicians — for decades a routine way to conduct business and politics, particularly in Southern Europe.

Above all, Dr. Mungiu-Pippidi argued, they want transparency and accountability.

According to a recent study by the European Commission, the European Union’s executive body, nearly three-quarters of citizens in E.U. states perceive corruption as a major problem in their own countries. More than half believe it has increased in recent years.

“The euro crisis has made the public much more aware of abuse of public office,” said Timo Lange, a leading member of LobbyControl, an independent organization that monitors lobbyist groups and how they influence the way lawmakers vote or how contracts are awarded.

“If voters do not see the political parties and governments taking measures to stop it, they will lose trust in the conventional political system,” he added.

That is already happening.

Over the past few years, Europe has spawned many fringe political movements, anti-establishment parties and new nongovernmental organizations whose aim is to expose and combat corruption.

Mr. Jagland, however, sees another, more dangerous trend developing: a crisis of values.

“This crisis and sense of disillusionment in the political system is reflected in the rise of extremism and hate speech, new nationalism, vilification of immigration and any other forms of otherness,” he said.

There is no shortage of measures adopted by the Council of Europe, the European Union, the World Bank and other institutions to combat corruption and promote good governance.

The Union itself — as befits Brussels’ bureaucracy — has established a group to deal with these issues and is cooperating with the Council of Europe’s Group of States against Corruption.

Dr. Mungiu-Pippidi believes these efforts fall short of what should be done. In her view, the institutions are timid and bureaucratic.

“The Council of Europe should name and shame,” she says. “It should be much more outspoken in the defense of values and take a much tougher policy towards member countries that flout the rule of law and values of the council,” she added.

The European Union’s efforts are also hampered by its own structures. Even though the Union prides itself on exporting its values, Dr. Mungiu-Pippidi said the way it goes about this “is bureaucratic and nontransparent. It undermines good governance.”

Instead, analysts say civil society movements and the news media are crucial in exposing corruption. “Of course, they can be intimidated by governments and businesses in all sorts of ways,” Mr. Lange said. “But the euro crisis has shown that the public does want transparency and fairness. It is time politicians responded.”

Judy Dempsey is editor in chief of Strategic Europe at Carnegie Europe. (www.carnegieeurope.eu)

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Estonian pleads guilty in U.S. court to Internet advertising scam

NEW YORK (Reuters) – An Estonian man pleaded guilty on Friday in U.S. federal court for his role in a massive Internet scam that targeted well-known websites such as iTunes, Netflix and The Wall Street Journal.

The scheme infected at least four million computers in more than 100 countries, including 500,000 in the United States, with malicious software, or malware, according to the indictment. It included a large number of computers at data centers located in New York, federal prosecutors said.

Valeri Aleksejev, 32, was the first of six Estonians and one Russian indicted in 2011 to enter a plea. They were indicted on five charges each of wire and computer intrusion. One of the defendants, Vladimir Tsastsin, was also charged with 22 counts of money laundering.

In U.S. District Court in Manhattan on Friday, Aleksejev pleaded guilty to conspiracy to commit wire fraud and conspiracy to commit computer intrusion. He faces up to 25 years in prison, deportation and the forfeiture of $ 7 million.

The scam had several components, including a “click-hijacking fraud” in which the malware re-routed searches by users on infected computers to sites designated by the defendants, prosecutors said in the indictment. Users of infected computers trying to access Apple Inc’s iTunes website or Netflix Inc‘s movie website, for example, instead ended up at websites of unaffiliated businesses, according to the indictment.

Another component of the scam replaced legitimate advertisements on websites operated by News Corp’s The Wall Street Journal, Amazon.com Inc and others with advertisements that triggered payments for the defendants, prosecutors said.

The defendants reaped at least $ 14 million from the fraud, prosecutors said. However, Aleksejev’s lawyer, William Stampur, said in court on Friday that Aleksejev has no assets.

Estonian police arrested Aleksejev and the other Estonians in November 2011. One other Estonian, Anton Ivanov, has been extradited, and the extradition of the other four is pending, according to the U.S. Attorney’s office in Manhattan. The Russian, Andrey Taame, remains at large, according to the U.S. Attorney’s office.

Aleksejev told Magistrate Judge James Francis he assisted in blocking anti-virus software updates on infected computers. Francis asked Aleksejev if he knew what he was doing was illegal.

“I thought it was wrong,” Aleksejev said in broken English after a long pause. “But of course I didn’t know all the laws in the U.S.”

Francis set a tentative sentencing date of May 31 for Aleksejev.

The case is USA v. Tsastsin et al, U.S. District Court in Manhattan, No. 11-00878.

(Reporting by Bernard Vaughan; Editing by Dan Grebler)

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What Football Game? Beyoncé Rocks the Superdome in Leather & Lace

Stylewatch
Style News Now

02/03/2013 at 09:06 PM ET

One thing was certain going into Super Bowl XLVII: Beyoncé was going to put on a killer halftime show, and she was going to look amazing doing it. And if she practiced until her feet bled, there was no sign of it as she danced in her towering heels.

To strut out onstage during ‘Crazy In Love,’ the star wore a belted “liquid nylon” mini with a matching moto jacket by Rubin Singer, but she quickly tore it away to reveal a leather bodysuit with a black lace skirt (also by the designer) worn over her signature fishnets. She completed the look with thigh-highs and sexy black booties.

Destiny’s Child fans missing the trio’s epic matching outfits were given a treat when Kelly Rowland and Michelle Williams proved the rumors true, joining Beyoncé onstage for a medley that included ‘Bootylicious’ and ‘Single Ladies.’ Their costumes echoed Bey’s: Rowland wore a revealing V-neck Emilio Pucci bodysuit, while Williams was glam in a tough-girl ribbed leather mini by Rubin Singer (who also created looks for all 120 backup dancers).

And to ensure that Beyoncé’s hair was supremely whip-able (as demonstrated during ‘Baby Boy’ and ‘Halo’), stylist Kim Kimble gave her a “soft glam” look by curling it, then brushing out the curls and smoothing them with Kimble Hair Care Brazilian Nut and Acai serum. She sprayed it with L’Oréal’s classic Elnett hairspray to ensure it wouldn’t budge no matter what the superstar put it through.

Tell us: What did you think of Beyoncé’s Super Bowl outfit — and the Destiny’s Child reunion looks?

–Alex Apatoff

PHOTOS: VOTE ON MORE STAR STYLE HERE!

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Bullying study: It does get better for gay teens

CHICAGO (AP) — It really does get better for gay and bisexual teens when it comes to being bullied, although young gay men have it worse than their lesbian peers, according to the first long-term scientific evidence on how the problem changes over time.

The seven-year study involved more than 4,000 teens in England who were questioned yearly through 2010, until they were 19 and 20 years old. At the start, just over half of the 187 gay, lesbian and bisexual teens said they had been bullied; by 2010 that dropped to 9 percent of gay and bisexual boys and 6 percent of lesbian and bisexual girls.

The researchers said the same results likely would be found in the United States.

In both countries, a "sea change" in cultural acceptance of gays and growing intolerance for bullying occurred during the study years, which partly explains the results, said study co-author Ian Rivers, a psychologist and professor of human development at Brunel University in London.

That includes a government mandate in England that schools work to prevent bullying, and changes in the United States permitting same-sex marriage in several states.

In 2010, syndicated columnist Dan Savage launched the "It Gets Better" video project to encourage bullied gay teens. It was prompted by widely publicized suicides of young gays, and includes videos from politicians and celebrities.

"Bullying tends to decline with age regardless of sexual orientation and gender," and the study confirms that, said co-author Joseph Robinson, a researcher and assistant professor of educational psychology at the University of Illinois in Urbana-Champaign. "In absolute terms, this would suggest that yes, it gets better."

The study appears online Monday in the journal Pediatrics.

Eliza Byard, executive director of the Gay, Lesbian & Straight Education Network, said the results mirror surveys by her anti-bullying advocacy group that show bullying is more common in U.S. middle schools than in high schools.

But the researchers said their results show the situation is more nuanced for young gay men.

In the first years of the study, gay boys and girls were almost twice as likely to be bullied as their straight peers. By the last year, bullying dropped overall and was at about the same level for lesbians and straight girls. But the difference between men got worse by ages 19 and 20, with gay young men almost four times more likely than their straight peers to be bullied.

The mixed results for young gay men may reflect the fact that masculine tendencies in girls and women are more culturally acceptable than femininity in boys and men, Robinson said.

Savage, who was not involved in the study, agreed.

"A lot of the disgust that people feel when you bring up homosexuality ... centers around gay male sexuality," Savage said. "There's more of a comfort level" around gay women, he said.

Kendall Johnson, 21, a junior theater major at the University of Illinois, said he was bullied for being gay in high school, mostly when he brought boyfriends to school dances or football games.

"One year at prom, I had a guy tell us that we were disgusting and he didn't want to see us dancing anymore," Johnson said. A football player and the president of the drama club intervened on his behalf, he recalled.

Johnson hasn't been bullied in college, but he said that's partly because he hangs out with the theater crowd and avoids the fraternity scene. Still, he agreed, that it generally gets better for gays as they mature.

"As you grow older, you become more accepting of yourself," Johnson said.

___

Online:

Pediatrics: http://www.pediatrics.org

It Gets Better: http://www.itgetsbetter.org

___

AP Medical Writer Lindsey Tanner can be reached at http://www.twitter.com/LindseyTanner

Read More..