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.

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Wall Street climbs on results; Dow above 14,000

NEW YORK (Reuters) - Stocks climbed on Tuesday, pushing the Dow above 14,000 a day after the market's biggest sell-off since November, as stronger-than-expected earnings brightened the profit picture.

All 10 S&P sectors were higher, and the S&P 500 and Nasdaq gained more than 1 percent.

Dell Inc's stock rose after the world's No. 3 computer maker agreed to be taken private in a $24.4 billion deal, the largest leveraged buyout since the 2008-2009 financial crisis. The stock gained 1.3 percent to $13.44 after a delayed open.

The market's bounce follows a sell-off on Monday that gave the S&P 500 its biggest percentage decline since mid-November. Still, the benchmark is up about 5 percent since the start of the year and is less than 5 percent away from its all-time intraday high of 1,576.09 in October 2007.

Analysts said fourth-quarter results have been among the positives for the market. On Tuesday, Archer Daniels Midland reported revenue and adjusted fourth-quarter earnings that beat expectations, boosted by strong global demand for oilseeds. Shares rose 3.4 percent to $29.40.

"This quarter was one that had relatively low expectations coming into it, but the beats on the earnings and on the revenue side have been pretty good, particularly on the revenue side," said Mark Luschini, chief investment strategist at Janney Montgomery Scott in Philadelphia.

"And in the aggregate so far, the earnings growth is just under 5 percent, and that's relieved those who thought maybe the earnings picture was deteriorating to the point where we would see surprisingly poor earnings."

The Dow Jones industrial average <.dji> was up 121.49 points, or 0.88 percent, at 14,001.57. The Standard & Poor's 500 Index <.spx> was up 16.95 points, or 1.13 percent, at 1,512.66. The Nasdaq Composite Index <.ixic> was up 40.79 points, or 1.30 percent, at 3,171.96.

Also in earnings, Estée Lauder Cos Inc reported a higher quarterly profit and raised its full-year profit forecast. The stock rose 5.7 percent to $64.52.

With results in for more than half of the S&P 500 companies, 69 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 4.5 percent, according to the data, above the 1.9 percent forecast at the start of earnings season.

On the down side, McGraw-Hill shares slumped 7.5 percent to $46.51 after the Justice Department filed a civil lawsuit against it seeking $5 billion over mortgage bond ratings. Standard & Poor's, a McGraw Hill unit, was accused of inflated ratings and understated risks out of a desire to gain more business from investment banks.

On Monday, the stock suffered its worst one-day decline since the 1987 market crash.

(The story corrects year of S&P 500 all-time intraday high to 2007 from 2011. The error occurred in earlier updates. In final paragraph removes word "market")

(Additional reporting By Angela Moon; Editing by Kenneth Barry)

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The Lede Blog: North Korean Propaganda Video Uses 'Call of Duty' and 'We Are the World' to Imagine a Brighter World, Without Manhattan

Last Updated, 3:52 p.m. |UpdateWhen aliens strike, the climate goes berserk, the Russians invade, an asteroid threatens the Earth, New York City is often the first place to be destroyed. Hollywood has long used the city’s skyline to demonstrate what destruction looks like in action movies and video games. It seems as if North Korea, in seeking to show how an assault on America would play out, also has Manhattan squarely in its cross hairs.

A new propaganda video, posted Sunday on a Web site and a YouTube channel that serve as outlets for North Korean state media, shows a computer-animated representation of Lower Manhattan in flames as bombs rain down.

A video posted on a North Korean YouTube channel this week features images of Manhattan in flames.

As a blogger for Kotaku reports, the attack on Manhattan is lifted straight from the video game “Call of Duty: Modern Warfare 3,” and unfolds as a sweeping instrumental version of “We Are the World” plays in the background.

The copy of the video on YouTube was removed on Tuesday afternoon, after a copyright complaint from Activision, the video-game maker.

The cartoonish propaganda clip is one of a slew of recent videos that have been released by North Korea to promote the country’s missile program. Although the video might make some observers laugh, the tension over North Korea’s nuclear ambitions and missile program is deadly serious.

The United Nations Security Council voted on Jan. 22 to tighten sanctions against North Korea as punishment for a Dec. 12 rocket launch. In response, the North vowed to expand its nuclear program “both quantitatively and qualitatively” and conduct a third nuclear test at a “higher level.”

As our colleagues David Sanger and William Broad reported after December’s successful missile launch by North Korea, there is no evidence that the country currently has technology that can threaten the continental United States – much less New York.

Administration officials said that while the launching was successful — and advanced the North’s missile program — it was hardly a threat to the United States, despite a warning by Robert M. Gates in 2011, when he was secretary of defense, that the North would have a missile capable of reaching the United States by 2016.

The video begins with an image of a man in blue pajamas sleeping. He recounts a dream in words that appear on the screen. “I had a dream last night, a dream of soaring into space on board our Unha-9 rocket,” the man says.

Unha, Korean for galaxy, is the name of the North Korean rocket series. The latest one, launched in December, was the Unha-3. So the dreamer is imagining a future, more advanced version of the rocket. After first showing footage of a real rocket launch, the video shifts to animation.

“Our Kwangmyongsong-21 spacecraft got separated from the rocket and traveled through space,” he says.

Once again, the dream appears to show the advances North Korea hopes to make in the years to come. In December, the satellite launched by the North was rocket number 3. By the time the series reaches 21 in the man’s dream, the rocket looks like the American space shuttle. The animation at that point shows the spacecraft circling the globe in search of its target, the music from “We are the World” building as it moves closer to the United States.

“I see stars and the green Earth. I also see a unified Korea.” These words appear on screen as the video moves from animation back to real footage of people waving flags, in particular, a “Korea-is-one” flag. The video shows a unified, not divided, Korean Peninsula in blue, a symbol of Korean reunification.

Then the video shows an overhead image of New York draped in the American flag. “Meanwhile, I see black smoke rising somewhere in America,” the dreaming man says. “It appears that the headquarters of evil, which has had a habit of using force and unilateralism and committing wars of aggression, is going up in flames it itself has ignited.”

At this point in the video, the computer-animated scene copied from “Call of Duty” show Lower Manhattan in flames.

“Just imagine riding in a Korean spaceship. One day, my dream will come true,” the narrator says. “No matter how hard the imperialists try to isolate and stifle us, they will not stop our people’s path toward our final victory of achieving a unified, strong and prosperous Korea.”

Robert Mackey contributed reporting.

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Kuwait says backs free speech but must protect ruling emir

KUWAIT (Reuters) – Kuwait supports free speech but must act against illegal comments made about the Gulf state’s ruler, the government said on Monday, after a Twitter user was jailed for five years.

A Kuwaiti court sentenced a man to prison on Sunday for insulting the emir on the social networking site, a rights lawyer and news websites said, in the latest prosecution for criticism of authorities via social media.

“Kuwait has a longstanding proud tradition of open debate and free speech,” the Ministry of Information, which regulates the media, said in a statement to Reuters addressing the case.

“We are a country led by the rule of law and our constitution holds our Emir to be inviolable. If our citizens wish to amend the constitution there is a straightforward legal way to do this, but we will not selectively enforce our laws.”

In recent months Kuwait has penalized several Twitter users for criticizing the emir, who is described as “immune and inviolable” in the constitution.

Kuwait allows the most dissent in the Gulf Arab region and boasts a lively press and critical political debate. But the U.S. ally and OPEC member has been clamping down on politically sensitive comments aired on the internet in recent months.

Twitter is extremely popular in the country of 3.7 million inhabitants and well-known figures can have hundreds of thousands of followers.

In January, a court sentenced two men in separate cases to jail time for insulting the emir on Twitter.

In June last year, a man was sentenced to 10 years in prison after he was convicted of endangering state security by insulting the Prophet Mohammad and the Sunni Muslim rulers of Saudi Arabia and Bahrain on social media.

Two months later, authorities detained a member of the ruling family over remarks on Twitter in which he accused authorities of corruption and called for political reform.

Kuwait has avoided the kind of mass unrest that has spread across the Arab region in the past two years but in 2012 tension escalated between authorities and opposition groups ahead of a parliamentary election.

(Reporting by Sylvia Westall; Editing by Mark Heinrich)

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Sesame Street Spoofs Downton Abbey

02/04/2013 at 03:30 PM EST

There's been plenty of drama on Downton Abbey this season but nothing compared to the challenges facing the residents of Upside Downton Abbey.

In a Sesame Street spoof of the hit PBS show, a Dowager Countess of Grantham lookalike requests several items from her butler, Carson, including tea, crumpets and a steak and kidney pie.

"I live to serve," he says, bringing her the food and drink. But each time the items fall to the ceiling because, the puppets discuss, everything is upside down on Upside Downton Abbey.

"Perhaps you can change the name from Upside Downton Abbey to Rightside Upton Abbey," Carson suggests.

"Then we could be right-side up and have our steak and kidney pie," the countess says, before officially changing the name and the direction of things in the home.

Then, of course, the steak and kidney pie comes crashing down on her head.

What would Maggie Smith say?

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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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Wall Street pulls back after recent gain; data disappoints

NEW YORK (Reuters) - Stocks dropped on Monday, pulling back from gains in the prior session that left the S&P 500 at a five-year high and the Dow above 14,000, as factory orders data disappointed and worries about the euro zone crisis resurfaced.

The S&P 500 was on track for its biggest daily percentage decline since December 28. Chevron and Wal-Mart were among the biggest drags on the Dow after analyst downgrades.

"The market is due for a pullback. That's not really a surprise. I think people are looking for an excuse to make sales," said Michael James, senior trader at Wedbush Morgan in Los Angeles.

Spanish and Italian bond yields rose, renewing worries about the euro zone's sovereign debt crisis. Spain's prime minister faced calls to resign over a corruption scandal, while a probe of alleged misconduct involving an Italian bank was expected to widen three weeks before a national election.

Data from the Commerce Department showed overall factory orders for December were below economists' expectations.

The Dow Jones industrial average <.dji> was down 120.19 points, or 0.86 percent, at 13,889.60. The Standard & Poor's 500 Index <.spx> was down 14.65 points, or 0.97 percent, at 1,498.52. The Nasdaq Composite Index <.ixic> was down 40.53 points, or 1.27 percent, at 3,138.57.

The benchmark S&P 500 rose on Friday, leaving it roughly 60 points away from its all-time intraday high of 1,576.09, while the Dow's march above 14,000 was the highest for the index since October 2007.

The S&P index <.spx> is up 5.5 percent for the year, with nearly half of the gains coming after U.S. legislators temporarily sidestepped the "fiscal cliff" of automatic tax increases and spending cuts.

The CBOE Volatility index VIX <.vix>, Wall Street's so-called fear gauge, jumped more than 10 percent to 14.48 by afternoon trade.

Chevron Corp dipped 0.9 percent to $115.50 after UBS cut its rating to neutral, while Wal-Mart Stores Inc shed 1.1 percent to $69.69 after JP Morgan lowered its rating on the world's largest retailer and reduced its price target.

Shares of household products company Clorox rose 1.3 percent to $80.23 after quarterly profit beat analysts' estimates as a severe flu season boosted sales of disinfecting wipes.

According to Thomson Reuters data, of the 256 companies in the S&P 500 that have reported earnings through Monday morning, 68.4 percent have reported earnings above analyst expectations compared with the 62 percent average since 1994 and the 65 percent average over the past four quarters.

S&P 500 fourth-quarter earnings 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 fourth-quarter earnings forecast on October 1.

Herbalife Ltd slumped 2.5 percent to $34.16 after the New York Post newspaper reported the seller of weight loss products is facing a probe by the Federal Trade Commission.

(Additional reporting by Angela Moon; Editing by Kenneth Barry and Nick Zieminski)

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At War Blog: Veterans in College: Share Your Stories

“Graduate, graduate, graduate,” the secretary of veterans affairs, Eric K. Shinseki, recently implored the audience at a conference of the Student Veterans of America. But what, exactly, will it take to ensure that veterans succeed in college?

Since the post-9/11 G.I. Bill took effect in 2009, about 877,000 people, mainly veterans and their dependents, have received tuition and other college benefits costing the government $23.7 billion. More than $10 billion is expected to be spent this year alone on veterans, plus about $560 million on tuition assistance for active-duty troops.

Yet just how those thousands of veterans in college are faring remains a bit of a mystery. Many colleges do not break out graduation and retention numbers for veterans, and the federal government has not tracked the numbers. Only last month, the Department of Veterans Affairs announced a partnership with the National Student Clearinghouse and the Student Veterans of America to collect and analyze data on veterans in school, with an eye to determining if they are succeeding — or failing — and why.

In the latest Education Life, The Times’s education supplement, two articles focus on programs intended to help veterans graduate.
One of them, “A Million Strong,” describes the panoply of programs that colleges have created to support veterans, including opening veterans centers, hiring specially trained counselors and creating veterans-only courses, orientation programs and even housing.

For traditional colleges like San Diego State University or the University of Alabama, creating brick-and-mortar centers where veterans can socialize, receive tutoring or meet counselors is one thing. But for online programs, both nonprofit and for profit, the challenge of assisting veterans and making them feel comfortable can be greater, as colleges like University of Maryland University College are finding.

The key for both traditional and online schools, says Travis L. Martin, a driving force behind a veterans studies program at Eastern Kentucky University and a veteran himself, is introducing students both to other veterans and to those who never served in the armed forces.

“I’ve learned that creating community was key for the veterans,” he said. “Those relationships will keep them in school.”

The second article, “Warrior Voices,” describes how writing workshops are providing many veterans with an alternative means of healing the psychological and spiritual wounds of war.

In writing about war, writing teachers explain, veterans must organize and analyze difficult memories, possibly gaining some control over their traumas along the way. Such was the case with Micah Owen, who served with Travis Martin in Iraq and later became his student at Eastern Kentucky.

Though Mr. Owen, who has post-traumatic stress disorder, says he has trouble talking about his war experiences, he has had no trouble writing about it. “Once the words started coming, I couldn’t stop them,” he said.

The Education Life supplement includes essays and poems from several veterans, including Mr. Martin and Mr. Owen.

Now it’s your turn.

If you are a veteran, send us your memories – about war, deployment, training or the transition to civilian life. The subject areas are wide open; we just ask that you keep your submissions under 700 words. We’ll then select some of the pieces to be published at nytimes.com.

To submit a piece, go to this site and fill out the form.

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Kuwaiti gets five years for insulting ruler

KUWAIT (Reuters) – A Kuwaiti court sentenced a man to five years in prison on Sunday for insulting the emir on Twitter, a rights lawyer and news websites said, in the latest prosecution for criticism of authorities via social media in the Gulf Arab state.

The court gave Kuwaiti Mohammad Eid al-Ajmi the maximum sentence for the comments, news websites al-Rai and alaan.cc reported.

In recent months Kuwait has penalized several Twitter users for criticizing the emir, who is described as “immune and inviolable” in the constitution.

“We call on the government to expand freedoms and adhere to the international (human rights) conventions it has signed,” said lawyer Mohammad al-Humaidi, director of the Kuwait Society for Human Rights, commenting on the case.

Courts in Kuwait generally do not comment to the media.

Amnesty International said in November Kuwait had increased restrictions on freedom of expression and assembly.

It urged Kuwait to ensure protection for users of social media, whether they supported or opposed the government, as long as they did not incite racial hatred or violence.

Kuwait, a U.S. ally and major oil producer, has been taking a firmer line on politically sensitive comments aired on the internet. Twitter is extremely popular in the country of 3.7 million.

In January, a court sentenced two men in separate cases to jail time for insulting the emir on Twitter.

In June 2012, a man was sentenced to 10 years in prison after he was convicted of endangering state security by insulting the Prophet Mohammad and the Sunni Muslim rulers of Saudi Arabia and Bahrain on social media.

Two months later, authorities detained Sheikh Meshaal al-Malik Al-Sabah, a member of the ruling family, over remarks on Twitter in which he accused authorities of corruption and called for political reform.

The recent Twitter cases have been carried out under the state security law and penal code. Last year Kuwait passed new legislation aimed at regulating social media.

Public demonstrations and debates about local issues are common in a state that allows the most dissent in the Gulf, but Kuwait has avoided the kind of mass unrest that unseated four heads of Arab states in 2011.

But tensions intensified between authorities and opposition groups last year ahead of a parliamentary election deemed unfair by opposition politicians and activists.

The opposition movement said new voting rules introduced by Sheikh Sabah by emergency decree in October would skew the December 1 election in favor of pro-government candidates. The emir said the old voting system was flawed and that his changes were constitutional and necessary for Kuwait’s “security and stability”.

(Reporting by Ahmed Hagagy, Writing by Sylvia Westall; editing by Sami Aboudi and Andrew Roche)

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Ben Affleck Wins Directors Guild Award, But Doesn't Consider Himself a 'Real Director'

By Oliver Jones and Alison Schwartz

02/03/2013 at 03:00 PM EST

Ben Affleck at the Directors Guild Awards

Tammie Arroyo/AFF

Oscar, who?

Ben Affleck took home the top prize Saturday night at the 65th Annual Directors Guild Awards in Los Angeles, where he once again reigned supreme following a snub from the Academy Awards.

It was a celebratory evening for Affleck – and it was also date night with his doting wife, Jennifer Garner, by his side (and often with her hand on his back).

"I have to just thank my wife for being the best person in the world. I love you," Affleck, 40, told the audience as he accepted the award for outstanding directorial achievement for Argo. "I don't need to look at the teleprompter to know why I want to thank you. I want to thank you because I love you."

He added: "I want our daughters to break boundaries."

He also tipped his hat to fellow nominee Steven Spielberg, telling the Lincoln director, "Steven, there is nothing to even say about a guy whose got 11 of these ... This is the guy whose face is in Wikipedia when you type in director."

That wasn't Spielberg's only shout-out of the night. As Girls mastermind Lena Dunham, also a first-time winner, accepted honors for television comedy directing, she playfully warned, "Steven Spielberg, I am coming for you. Ben Affleck, I already came for you."

Not that Affleck considers himself a tried-and-true director.

"I worked really, really hard to try to become the best director that I could be," he said. "I don't think that this makes me a real director, but I think it means I'm on my way."

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