F.D.A. Offers Rules to Stop Food Contamination





The Food and Drug Administration on Friday proposed two sweeping rules aimed at preventing the contamination of produce and processed foods, which has sickened tens of thousands of Americans annually in recent years.







Nicole Bengiveno/The New York Times

Checking the temperature of lettuce at an Arizona farm. Safety measures would start at farms.







The proposed rules represent a sea change in the way the agency polices food, a process that currently involves taking action after contamination has been identified. It is a long-awaited step toward codifying the food safety law that Congress passed two years ago.


Changes include requirements for better record keeping, contingency plans for handling outbreaks and measures that would prevent the spread of contaminants in the first place. While food producers would have latitude in determining how to execute the rules, farmers would have to ensure that water used in irrigation met certain standards and food processors would need to find ways to keep fresh food that may contain bacteria from coming into contact with food that has been cooked.


New safety measures might include requiring that farm workers wash their hands, installing portable toilets in fields and ensuring that foods are cooked at temperatures high enough to kill bacteria.


Whether consumers will ultimately bear some of the expense of the new rules was unclear, but the agency estimated that the proposals would cost food producers tens of thousands of dollars a year.


A big question to be resolved is whether Congress will approve the money necessary to support the oversight. President Obama requested $220 million in his 2013 budget, but Dr. Margaret Hamburg, commissioner of the F.D.A., said “resources remain an ongoing concern.”


Nonetheless, agency officials were optimistic that the new rules would protect consumers better.


“These new rules really set the basic framework for a modern, science-based approach to food safety and shift us from a strategy of reacting to problems to a strategy for preventing problems,” Michael R. Taylor, deputy commissioner for foods and veterinary medicine, said in an interview. The Food and Drug Administration is responsible for the safety of about 80 percent of the food that Americans consume. The rest falls to the Agriculture Department, which is responsible for meat, poultry and some eggs.


One in six Americans becomes ill from eating contaminated food each year, the government estimates; most of them recover without concern, but roughly 130,000 are hospitalized and 3,000 die. The agency estimated the new rules could prevent about 1.75 million illnesses each year.


Congress passed the Food Safety Modernization Act in 2010 after a wave of incidents involving tainted eggs, peanut butter and spinach sickened thousands of people and led major food makers to join consumer advocates in demanding stronger government oversight.


But it took the Obama administration two years to move the rules through the regulatory agency, prompting complaints that the White House was more concerned about protecting itself from Republican criticism than about public safety.


Mr. Taylor said that the delay was a function of the wide variety of foods and the complexity of the food system. “Anything that is important and complicated will always take longer than you would like,” he said.


The first rule would require manufacturers of processed foods sold in the United States to come up with ways to reduce the risk of contamination. Food companies would be required to have a plan for correcting problems and for keeping records that government inspectors could audit.


An example might be to require the roasting of raw peanuts at a temperature guaranteed to kill salmonella, which has been a problem in nut butters in recent years. Roasted nuts would then have to be kept separate from raw nuts to further reduce the risk of contamination, said Sandra B. Eskin, director of the safe food campaign at the Pew Charitable Trusts.


“This is very good news for consumers,” Ms. Eskin said. “We applaud the administration’s action, which demonstrates its strong commitment to making our food safer.”


The second rule would apply to the harvesting and production of fruits and vegetables in an effort to combat bacterial contamination like E. coli, which is transmitted through feces. It would address what advocates refer to as the “four Ws” — water, waste, workers and wildlife.


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Scant Proof Is Found to Back Up Claims by Energy Drinks





Energy drinks are the fastest-growing part of the beverage industry, with sales in the United States reaching more than $10 billion in 2012 — more than Americans spent on iced tea or sports beverages like Gatorade.




Their rising popularity represents a generational shift in what people drink, and reflects a successful campaign to convince consumers, particularly teenagers, that the drinks provide a mental and physical edge.


The drinks are now under scrutiny by the Food and Drug Administration after reports of deaths and serious injuries that may be linked to their high caffeine levels. But however that review ends, one thing is clear, interviews with researchers and a review of scientific studies show: the energy drink industry is based on a brew of ingredients that, apart from caffeine, have little, if any benefit for consumers.


“If you had a cup of coffee you are going to affect metabolism in the same way,” said Dr. Robert W. Pettitt, an associate professor at Minnesota State University in Mankato, who has studied the drinks.


Energy drink companies have promoted their products not as caffeine-fueled concoctions but as specially engineered blends that provide something more. For example, producers claim that “Red Bull gives you wings,” that Rockstar Energy is “scientifically formulated” and Monster Energy is a “killer energy brew.” Representative Edward J. Markey of Massachusetts, a Democrat, has asked the government to investigate the industry’s marketing claims.


Promoting a message beyond caffeine has enabled the beverage makers to charge premium prices. A 16-ounce energy drink that sells for $2.99 a can contains about the same amount of caffeine as a tablet of NoDoz that costs 30 cents. Even Starbucks coffee is cheap by comparison; a 12-ounce cup that costs $1.85 has even more caffeine.


As with earlier elixirs, a dearth of evidence underlies such claims. Only a few human studies of energy drinks or the ingredients in them have been performed and they point to a similar conclusion, researchers say — that the beverages are mainly about caffeine.


Caffeine is called the world’s most widely used drug. A stimulant, it increases alertness, awareness and, if taken at the right time, improves athletic performance, studies show. Energy drink users feel its kick faster because the beverages are typically swallowed quickly or are sold as concentrates.


“These are caffeine delivery systems,” said Dr. Roland Griffiths, a researcher at Johns Hopkins University who has studied energy drinks. “They don’t want to say this is equivalent to a NoDoz because that is not a very sexy sales message.”


A scientist at the University of Wisconsin became puzzled as he researched an ingredient used in energy drinks like Red Bull, 5-Hour Energy and Monster Energy. The researcher, Dr. Craig A. Goodman, could not find any trials in humans of the additive, a substance with the tongue-twisting name of glucuronolactone that is related to glucose, a sugar. But Dr. Goodman, who had studied other energy drink ingredients, eventually found two 40-year-old studies from Japan that had examined it.


In the experiments, scientists injected large doses of the substance into laboratory rats. Afterward, the rats swam better. “I have no idea what it does in energy drinks,” Dr. Goodman said.


Energy drink manufacturers say it is their proprietary formulas, rather than specific ingredients, that provide users with physical and mental benefits. But that has not prevented them from implying otherwise.


Consider the case of taurine, an additive used in most energy products.


On its Web site, the producer of Red Bull, for example, states that “more than 2,500 reports have been published about taurine and its physiological effects,” including acting as a “detoxifying agent.” In addition, that company, Red Bull of Austria, points to a 2009 safety study by a European regulatory group that gave it a clean bill of health.


But Red Bull’s Web site does not mention reports by that same group, the European Food Safety Authority, which concluded that claims about the benefits in energy drinks lacked scientific support. Based on those findings, the European Commission has refused to approve claims that taurine helps maintain mental function and heart health and reduces muscle fatigue.


Taurine, an amino acidlike substance that got its name because it was first found in the bile of bulls, does play a role in bodily functions, and recent research suggests it might help prevent heart attacks in women with high cholesterol. However, most people get more than adequate amounts from foods like meat, experts said. And researchers added that those with heart problems who may need supplements would find far better sources than energy drinks.


Hiroko Tabuchi contributed reporting from Tokyo and Poypiti Amatatham from Bangkok.



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In Chile, Abortion Hot Line Is in Legal Gray Area


Roberto Candia for The New York Times


Volunteers for the Safe Abortion Hot Line in Chile routinely wear masks when showing support in public for the organization in a country where abortion is illegal under any circumstances.







SANTIAGO, Chile — Every time the phone rings, Angela Erpel feels her nerves swell. Sometimes it is a scared teenager on the other end, or a desperate mother of three. There are the angry ones, too, with callers playing the sounds of crying babies or sending text messages with pictures of aborted fetuses.




Then Ms. Erpel, 38, a sociologist who volunteers at Chile’s Safe Abortion Hot Line, gathers herself and settles into a familiar dialogue on the use of misoprostol, a drug that will induce a medical abortion.


“We don’t give them a moral guide or advice; we only provide information,” she said.


Since the hot line began in 2009, volunteers spread across this long, thin country have taken turns answering tense calls from women seeking information about abortion every evening from 7 p.m. to 11 p.m. There have been more than 12,000 calls so far, and they continue rolling in at a steady clip.


In a country where abortion is entirely illegal, even in cases of rape or when a woman’s life is in danger, the hot line is a risky endeavor. Operating in a legal gray area, volunteers face a daunting prison sentence if a conversation veers too far from a lawyer-approved script. The hot line already has had three lawsuits brought against it, though all were eventually dropped.


According to the law, having an abortion carries a penalty of 5 to 10 years in prison, depending on the circumstances, while doctors and others who perform an abortion or assist with one could face up to 15 years, prosecutors say. In practice, however, fewer than 500 cases have been prosecuted over the last several years.


“I think there is a certain sensitivity to the social conditions behind these abortions, such as poverty or rape or teenage pregnancy,” explained Paula Vial, a lawyer and former public defender in Santiago.


Beyond the legal consequences, the 30 hot line volunteers are keenly aware of the social ramifications of taking an active role in such a polarizing issue. They wear masks when promoting the hot line at public gatherings, and are often vague about the details of their volunteer work in their daily lives. Many fear losing their jobs or driving a wedge into personal and family relationships. Indeed, Ms. Erpel was the only volunteer willing to go on the record about her work with the hot line, and even she is usually circumspect about it.


“It’s complicated,” she explained. “I’m open about being in an organization, but not necessarily that I work directly with abortion.”


Abortion was not always a clandestine affair in Chile. The current law that strictly bans it was one of the final acts of the dictatorship. In 1989, shortly before relinquishing power, Gen. Augusto Pinochet ended a tradition of legal abortion dating to 1931, in which a pregnancy that threatened a woman’s life, or a fetus that was not viable outside the womb, could be terminated. Chile’s law now is one of the strictest in the world.


By contrast, Uruguay legalized abortions in the first trimester for any reason last October, joining Guyana and Cuba as Latin American countries with broadly legalized procedures. Abortion is also legal in Mexico City. But Chile has remained a socially conservative country, after 20 years of economic growth and the election in 2006 of a woman as president.


“The hierarchy of the Catholic Church has had a very strong influence in public policy,” said Claudia Dides, a spokeswoman for the Movement for the Legal Interruption of Pregnancy.


In a pivotal case in 2008, Karen Espíndola, then 22, learned in her 12th week of pregnancy that her fetus had holoprosencephaly. Fetuses with the condition have a single-lobed brain, and most die before they are born. It is a common reason for terminating a pregnancy.


Ms. Espíndola sought an abortion, appealing to the president and setting off a national conversation over abortion. In February 2009, Ms. Espíndola gave birth to Osvaldo, who died in 2011.


“In reality he was never conscious he was alive,” she lamented. “He fought to breathe; he was fed through a tube. We all suffered a lot. Nobody here is a winner.”


Chile has witnessed a swell of liberal social movements in recent years, with gay men and lesbians pressing for the country’s first hate-crime legislation, environmentalists stalling dam-building projects in Patagonia, and students pushing for an overhaul of the education system.


Advocates contend that abortion rights sentiment bubbles near the surface as well, but the government has pushed back.


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Google emerges from FTC probe relatively unscathed






SAN FRANCISCO (AP) — Google has settled a U.S. government probe into its business practices without making any major concessions on how the company runs its Internet search engine, the world’s most influential gateway to digital information and commerce.


Thursday’s agreement with the Federal Trade Commission covers only some of the issues raised in a wide-ranging antitrust investigation that could have culminated in a regulatory crackdown that re-shapes Internet search, advertising and mobile computing.






But the FTC didn’t find any reason to impose radical changes, to the relief of Google and technology trade groups worried about overzealous regulation discouraging future innovation. The resolution disappointed consumer rights groups and Google rivals such as Microsoft Corp., which had lodged complaints with regulators in hopes of legal action that would split up or at least hobble the Internet’s most powerful company.


Google is still trying to settle a similar antitrust probe in Europe. A resolution to that case is expected to come within the next few weeks.


After a 19-month investigation, Google Inc. placated the FTC by agreeing to a consent decree that will require the company to charge “fair, reasonable and non-discriminatory” prices to license hundreds of patents deemed essential to the operations of mobile phones, tablet computers, laptops and video game players.


The requirement is meant to ensure that Google doesn’t use patents acquired in last year’s $ 12.4 billion purchase of Motorola Mobility to thwart competition from mobile devices running on software other than Google‘s Android system. The products vying against Android include Apple Inc.’s iPhone and iPad, Research in Motion Ltd.’s BlackBerry and Microsoft‘s Windows software.


Google also promised to exclude, upon request, snippets copied from other websites in capsules of key information shown in response to search requests. The company had insisted the practice is legal under the fair-use provisions of U.S. copyright law. Nonetheless, even before the settlement, Google already had scaled back on the amount of cribbing, or “scraping,” of online content after business review site Yelp Inc. lodged one of the complaints that triggered the FTC investigation in 2011.


In another concession, Google pledged to adjust the online advertising system that generates most of its revenue so marketing campaigns can be more easily managed on rival networks.


Google, though, prevailed in the pivotal part of the investigation, which delved into complaints that the Internet search leader has been highlighting its own services on its influential results page while burying links to competing sites. For instance, requests for directions may turn up Google Maps first, queries for video might point to the company’s own site, YouTube, and searches for merchandise might route users to Google Shopping.


Although the FTC said it uncovered some obvious instances of bias in Google‘s results during the investigation, the agency’s five commissioners unanimously concluded there wasn’t enough evidence to take legal action.


“Undoubtedly, Google took aggressive actions to gain advantage over rival search providers,” said Beth Wilkinson, a former federal prosecutor that the FTC hired to help steer the investigation. “However, the FTC’s mission is to protect competition, and not individual competitors.”


Two consumer rights groups lashed out at the FTC for letting Google off too easily.


“The FTC had a long list of grievances against Google to choose from when deciding if they unfairly used their dominance to crush their competitors, yet they failed to use their authority for the betterment of the marketplace,” said Steve Pociask, president of the American Consumer Institute.


John Simpson of frequent Google critic Consumer Watchdog asserted: “The FTC rolled over for Google.”


David Wales, who was the FTC’s antitrust enforcement chief in 2008 and early 2009, said the agency had to balance its desire to prevent a powerful company from trampling the competition against the difficulty of proving wrongdoing in a rapidly changing Internet search market.


“This is a product of the FTC wanting to push the envelope of antitrust enforcement without risking the danger of losing a case in in court,” said Wales, who wasn’t involved with the case and is now a partner at the law firm Jones Day.


FTC Chairman Jon Leibowitz said the outcome “is good for consumers, it is good for competition, it is good for innovation and it is the right thing to do.” Before reaching its conclusion, the FTC reviewed more than 9 million pages of documents submitted by Google and its rivals and grilled top Internet industry executives during sworn depositions.


The Computer & Communications Industry Association, a technology trade group, applauded the FTC for its handling of the high-profile case.


“This was a prudent decision by the FTC that shows that antitrust enforcement, in the hands of responsible regulators, is sufficiently adaptable to the realities of the Internet age,” said Ed Black, the group’s president.


The FTC has previously been criticized for not doing more to curb Google‘s power. Most notably, the FTC signed off on Google‘s $ 3.2 billion purchase of online advertising service DoubleClick in 2008 and its $ 681 million acquisition of mobile ad service AdMob in 2010. Google critics contend those deals gave the company too much control over the pricing of digital ads, which account for the bulk of Google‘s revenue.


If Google breaks any part of the agreement, Leibowitz said the FTC can fine the company up to $ 16,000 per violation. Last year, the FTC determined that Google broke an agreement governing Internet privacy, resulting in a $ 22.5 million fine, though the company didn’t acknowledge any wrongdoing.


Google‘s ability to protect its search recipe from government-imposed changes represents a major victory for a company that has always tried to portray itself as force for good. The Mountain View, Calif., company has portrayed its dominant search engine as a free service that is constantly tweaking its formula so that people get the information they desire more quickly and concisely.


“The conclusion is clear: Google‘s services are good for users and good for competition,” David Drummond, Google‘s top lawyer, wrote in a Thursday blog post.


Google‘s tactics also have been extremely lucrative. Although Google has branched into smartphones and many other fields since its founding in a Silicon Valley garage in 1998, Internet search and advertising remains its financial backbone. The intertwined services still generate more than 90 percent of Google‘s revenue, which now exceeds $ 50 billion annually.


Throughout the FTC investigation, Google executives also sought to debunk the notion that the company’s recommendations are the final word on the Internet. They pointed out that consumers easily could go to Microsoft‘s Bing, Yahoo or other services to search for information. “Competition is just a click away,” became as much of a Google mantra as the company’s official motto: “Don’t be evil.”


Microsoft cast the FTC’s investigation as a missed opportunity.


“The FTC’s overall resolution of this matter is weak and — frankly —unusual,” Dave Heiner, Microsoft‘s deputy general counsel, wrote on the company’s blog. “We are concerned that the FTC may not have obtained adequate relief even on the few subjects that Google has agreed to address.”


FairSearch, a group whose membership includes Microsoft, called the FTC’s settlement “disappointing and premature,” given that European regulators might be able to force Google to make more extensive changes.


“The FTC’s inaction on the core question of search bias will only embolden Google to act more aggressively to misuse its monopoly power to harm other innovators,” FairSearch asserted.


Yelp also criticized the FTC’s handling of the case, calling “it a missed opportunity to protect innovation in the Internet economy, and the consumers and businesses that rely upon it.”


Investors had already been anticipating Google would emerge from the inquiry relatively unscathed.


Google‘s stock rose 42 cents Thursday to close at $ 723.67. Microsoft, which is based in Redmond, Wash., shed 37 cents, or 1.3 percent, to finish at $ 27.25.


In a research note Thursday, Macquarie Securities analyst Benjamin Schachter described the settlement as “the best possible outcome” for Google. “We believe that the terms of the agreement will have very limited negative financial or strategic implications for the company.” Schachter wrote.


___


AP Technology Writer Barbara Ortutay in New York contributed to this story.


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Oregon leads K-State 32-10 at Fiesta Bowl thru 3rd


GLENDALE, Ariz. (AP) — DeAnthony Thomas returned the opening kickoff 94 yards for a touchdown for the first of his two touchdowns, Marcus Mariota scored on a 2-yard run in the third quarter and No. 5 Oregon held a 32-10 lead over No. 7 Kansas State after three quarters at the Fiesta Bowl on Thursday night.


Thomas got Oregon off to a fast start with his kickoff return and added a 23-yard touchdown catch for a 15-0 lead.


Heisman Trophy finalist Collin Klein rallied Kansas State in the second quarter, scrambling for a 6-yard TD run. He kept the Wildcats moving, setting up Anthony Cantele for a 25-yard field goal that made it 15-13.


Late in the second quarter, Cantele missed a 40-yard field goal and Oregon got its quick-hit offense rolling again, moving 77 yards in 46 seconds for a 24-yard touchdown pass from Mariota to Kenjon Barner just before halftime.


Oregon's Alejandro Maldonado added a 33-yard field goal and Mariota put the Ducks firmly in control with his touchdown run, capped by an unusual point-after: Oregon earned a rare 1-point safety after Kansas State blocked the PAT and receiver Chris Harper was tackled in the end zone after recovering the kick.


A pair of 11-1 teams that had that national title aspirations end on the same day, Oregon and Kansas State ended up in the desert for a marquee matchup billed as a battle of styles: The fast-flying Ducks vs. the execution-is-everything Wildcats.


Thomas offered the first flash of speed, crossing into the end zone like a sprinter taking the finish-line tape after picking up a couple of blocks and racing past Oregon's bench for a touchdown on the opening kickoff. The Ducks, are they are apt to do, went for 2 on the point-after and converted on a trick play to go up 8-0 in the game's first 12 seconds.


It was the second straight day a BCS bowl began with a quick strike. On the first play in the Sugar Bowl on Wednesday night, Louisville returned an interception for a touchdown against Florida.


Thomas hit the Wildcats again late in the first quarter, breaking a couple of tackles and dragging three Wildcats into the end zone for a catch-and-run TV that put the Ducks up 15-0.


It's nothing new for Oregon's sophomore sensation: He had 314 total yards and two touchdowns in the 2012 Rose Bowl. Nothing new for the Ducks, either — they average more than 50 points per game.


Kansas State took a while to get going, stalling out on its first two drives.


Klein finally got the Wildcats moving, scrambling and diving for the pylon on a touchdown run early in the second quarter, then getting them in position for Cantele's field goal. Kansas State drove into Oregon's end late in the second quarter, but was backed up by a false-start penalty and Cantele missed his field-goal attempt, giving the Ducks plenty of time to score again — and again.


Last year's Fiesta Bowl was an offensive fiesta, with Oklahoma State outlasting Stanford 41-38 in overtime.


The 2013 version was an upgrade: Nos. 4 and 5 in the BCS, two of the nation's best offenses, dynamic players and superbly successful coaches on both sides.


Oregon has become the standard for go-go-go football under Chip Kelly, its fleet of Ducks making those shiny helmets — green like Christmas tree bulbs for the Fiesta Bowl — and flashy uniforms blur across the grassy landscape.


Their backfield of Thomas, Barner and Mariota made up a three-headed monster of momentum, each one capable of turning a single play into a scoring drive of 60 seconds or less.


Mariota has been the show-running leader, a question mark before the season who ably ran Oregon's high-octane offense as the first freshman quarterback to start for the Ducks since Danny O'Neil in 1991.


Oregon won the Rose Bowl for the first time in 95 years last season and was in position for a spot in the BCS title game this year before losing a heartbreaker to Stanford on Nov. 17.


Whether Kelly leaves for the NFL or not, he had a good run, leading the Ducks to four straight trips to BCS bowls.


Kansas State had gone through its second revival under Bill Snyder, the studious coach who never lost touch with the game or players young enough to be his grandchildren during a three-year retirement.


The 73-year-old followed up the Manhattan Miracle by returning to lead the Wildcats back to national prominence with his attention-to-detail ways.


Klein has led K-State's meticulous march this season, a fifth-year senior who plays in the mold of the college version of Tim Tebow: Gritty, humble, finds a way to win, whatever it takes.


Like the Ducks, the Wildcats had their national-title hopes stamped out on Nov. 17, blown out by Baylor with a rare letdown on both sides of the ball.


Both ended up with a nice consolation prize, playing each other in one of the most anticipated games of the bowl season.


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Automakers End 2012 With Sales at 5-Year High





DETROIT — Automakers on Thursday reported their strongest sales year since 2007, posting solid December results in the United States and promising more growth in 2013.




Sales of new cars and trucks increased 9 percent in December, a gain that put total sales for 2012 at about 14.5 million vehicles — the industry’s best performance in five years, according to the research firm Autodata.


That represents a 13 percent increase over 2011, and raises expectations that demand will continue to rise as more Americans need to replace their aging vehicles with new models.


Auto executives forecast that the United States market would grow to at least 15.5 million this year and possibly higher, if housing starts and other economic factors continue to improve.


“For the industry, 2012 was mission accomplished,” said Jesse Toprak, an analyst with the auto research site TrueCar.com. “Companies are hitting their sales goals, and they are doing it with fewer incentives.”


Much of the growth has been concentrated in the comebacks of Toyota and Honda from supply chain disruptions caused by the earthquake and tsunami in Japan two years ago. And while automakers like Chrysler and Volkswagen posted hefty increases throughout the year, the two biggest American companies, General Motors and Ford Motor, lagged the overall gains.


December was a microcosm of the year’s results, as G.M. and Ford on Thursday reported smaller sales increases than those of their chief domestic, European and Asian rivals. G.M. said sales in December increased 4.9 percent, compared with the same month a year ago, primarily because of new products like the Cadillac ATS sedan and higher incentives on its Chevrolet Silverado and GMC Sierra pickups.


The company had been losing ground in the high-profit pickup segment until it added discounts to the Silverado, which posted a 6.1 percent sales increase in December, and the Sierra, which was up 13.4 percent. For the year, G.M. sold 2.59 million vehicles, an increase of 3.7 percent from 2011.


G.M.’s head of United States sales, Kurt McNeil, said the company expected significant growth to about 15.5 million vehicles industrywide this year. He noted that Tuesday’s pact on the fiscal crisis in Washington removed potential concerns for consumers shopping for new vehicles.


“We are especially pleased that the politicians on both sides of the aisle in Washington were able to compromise,” Mr. McNeil said in a conference call with analysts on Thursday. “The short-term crisis has passed.”


Ford reported a slight sales increase of 1.6 percent in December, as safety recalls for its new Escape S.U.V. and Fusion sedan depressed its overall results. Ford said that sales of the Fusion dropped 10.8 percent during the month, and Escape sales slid 21.3 percent. The company has been plagued with multiple recalls on engines and other parts on the new vehicles, which are usually among its strongest sellers.


The drop-off was mitigated by strong results for Ford’s two smallest cars, the Focus, which increased in sales by 58.3 percent, and the Fiesta, which was up by 52.8 percent.


For all of 2012, Ford’s United States sales increased 4.7 percent, to 2.24 million vehicles. Ken Czubay, head of Ford’s United States sales and marketing, said the company’s small-car sales were its best in more than a decade.


Ford predicted that industry sales could possibly reach 16 million vehicles in 2013, as more consumers trade in older models and buy new, more fuel-efficient ones. That peak hasn’t been reached since sales of 16.1 million in 2007.


Chrysler, the smallest of the Detroit companies, was the star performer in December, with a 10.4 percent increase.


The company’s new compact car, the Dodge Dart, gained traction with sales of 6,100 — its highest monthly total since it was introduced last summer. Much of Chrysler’s lineup — ranging from Jeep S.U.V.’s to the tiny Fiat 500 — posted sales records for the month of December. For the year, Chrysler said it sold 1.65 million vehicles, a 20.6 percent increase from 2011.


Toyota reported a 9 percent sales gain in December, which was one of the weaker months in its turnaround in 2012. The company said it sold 2.08 million vehicles in the United States for the full year, which was a 26.6 percent gain over 2011. Its three top-selling vehicles — the Corolla compact car, Camry sedan and Prius gas-electric hybrid — accounted for nearly half of its overall sales for the year.


Analysts said Toyota appeared poised to outperform the overall market this year as well.


“Fresh products like the all-new RAV4 S.U.V. should help keep the momentum going,” said Jessica Caldwell, an analyst with the car research site Edmunds.com.


Honda ended the year on a high note, reporting a 26.2 percent jump in sales in December in the United States. Its bellwether cars, the Accord and Civic, led the way, each with increases of more than 60 percent. For the year, Honda said it sold 1.14 million vehicles, a 24 percent gain from 2011.


Other automakers had mixed results. Nissan said its December sales dropped 1.6 percent, but the company ended 2012 with a 9.5 percent gain for the year.


Volkswagen closed the year with another banner month. The German automaker reported a 29.9 percent gain for December and a 30.6 percent increase for the full year.


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Hillary Clinton Is Discharged From Hospital After Blood Clot





Hillary Rodham Clinton, whose globe-trotting tour as secretary of state was abruptly halted last month by a series of health problems, was discharged from a New York hospital on Wednesday evening after several days of treatment for a blood clot in a vein in her head.




The news of her release was the first welcome sign in a troubling month that grounded Mrs. Clinton — preventing her from answering questions in Congress about the State Department’s handling of the lethal attack on an American mission in Libya or being present when President Obama announced Senator John Kerry as his choice for her successor when she steps down as secretary of state.


“Her medical team advised her that she is making good progress on all fronts, and they are confident she will make a full recovery,” Philippe Reines, a senior adviser to Mrs. Clinton, said in a statement.


Mrs. Clinton, 65, was admitted to NewYork-Presbyterian/Columbia hospital on Sunday after a scan discovered the blood clot. The scan was part of her follow-up care for a concussion she sustained more than two weeks earlier, when she fainted and fell, striking her head. According to the State Department, the fainting was caused by dehydration, brought on by a stomach virus. The concussion was diagnosed on Dec. 13, though the fall had occurred earlier that week.


The clot was potentially serious, blocking a vein that drains blood from the brain. Untreated, such blockages can lead to brain hemorrhages or strokes. Treatment consists mainly of blood thinners to keep the clot from enlarging and to prevent more clots from forming, and plenty of fluids to prevent dehydration, which is a major risk factor for blood clots.


Photographed leaving the hospital, Mrs. Clinton and her husband, former President Bill Clinton, and their daughter, Chelsea, appeared elated. In a Twitter post on Wednesday, Chelsea Clinton said, “Grateful my Mom discharged from the hospital & is heading home. Even more grateful her medical team confident she’ll make a full recovery.”


Dr. David J. Langer, a brain surgeon and associate professor at Hofstra North Shore-LIJ School of Medicine, said that Mrs. Clinton would need close monitoring in the next days, weeks and months to make sure her doses of blood thinners are correct and that the clot is not growing. Dr. Langer is not involved in her care.


Mrs. Clinton’s illness cuts short what would have been a victory lap for her at the State Department. With only a few weeks before the end of President Obama’s first term — the time frame she set for own departure — she will be able to do little more than say goodbye to her troops.


But she will, at least theoretically, be able to testify before the Senate and House about the attack on the American mission in Benghazi, Libya, which killed four Americans, including Ambassador J. Christopher Stevens. She was not able to appear at a hearing in December because of her illness. Republicans, who have sharply criticized the Obama administration’s handling of the attack and its aftermath, had demanded that she appear to explain the department’s role, though in recent days they have modulated their request.


Mrs. Clinton’s blood clot formed in a large vein along the side of her head, behind her right ear, between the brain and the skull. The vein, called the right transverse sinus, has a matching vessel on the left side. These veins drain blood from the brain; blockages can cause strokes or brain hemorrhages. But if only one transverse sinus is blocked, the vein on other side can usually handle the extra flow.


In one sense, Mrs. Clinton was lucky: a clot higher in this drainage system, in a vessel with no partner to take the overflow, would have been far more dangerous, according to Dr. Geoffrey T. Manley, the vice chairman of neurological surgery at the University of California, San Francisco. He is not involved in her care.


The fact that Mrs. Clinton had a blood clot in the past — in her leg, in 1998 — suggests that she may have a tendency to form clots, and may need blood-thinners long-term or even for the rest of her life, Dr. Manley said.


One major risk to people who take blood thinners is that the drugs increase bleeding, so blows to the head from falls or other accidents — like the fall that caused Mrs. Clinton’s concussion — become more dangerous, and more likely to cause a brain hemorrhage. Even so, the medication should not interfere with Mrs. Clinton’s career, Dr. Manley said.


“There are lots of people running around on anticoagulants today,” he said. “I don’t see any way it would have any long-term consequences.”


He also said there was no reason to think that this type of clot would recur; he said he had treated many patients for the same condition and had never seen one come back with it again.


Dr. Langer said the vein blocked by the clot might or might not reopen. Sometimes, he said, the clot persists and the body covers it with tissue that closes or narrows the blood vessel. As long as the vein on the other side of the head is open, there is no problem for the patient.


One thing that is unclear, and that may never be known for sure, is what caused Mrs. Clinton’s blood clot. Around the second week in December, she reportedly contracted a stomach virus that caused vomiting and dehydration, passed out, fell and struck her head. A concussion was diagnosed several days after the fall, on Dec. 13, and the public was told Sunday that she had a blood clot, though its location was not revealed until the next day.


She had several risk factors for clots, including dehydration and her previous history of a clot. In addition, women are more prone than men to this type of clot, particularly when dehydrated. The fall may also have been a factor, though it is not clear whether her head injury was serious enough to have caused a blood clot. The type of clot she had is far more likely to be associated with a skull fracture than with a concussion, several experts said.


Did overwork — frequent overseas trips, perpetual jet lag, high-pressure meetings — make her ill? Mrs. Clinton has kept up a punishing schedule since she declared her candidacy for president in 2007. Having logged more than 950,000 miles and visited 112 countries, she is one of the most-traveled secretaries of state in history. She has put on weight and in recent times appeared fatigued. But the same could be said of plenty of people who do not develop clots in their heads.


“You cannot tell me that her hard work resulted in this,” Dr. Langer said. “I can’t imagine that you could make that judgment.”


In theory, Dr. Manley said, exhaustion can weaken the immune system temporarily, and lower a person’s resistance to infections like the stomach virus that apparently started Mrs. Clinton’s problems. But in his opinion, the most important contributing factor to her blood clot was probably the head injury from her fall.


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Spain’s Chinese Immigrants Thrive in Tough Economy







BARCELONA, Spain — When Jiajia Wang’s parents first moved to Barcelona from China in the 1990s, they had no working papers and spoke no Spanish. The family ate eggs to survive. Her mother and father worked 12-hour days at a Chinese restaurant.




After five years, they bought a restaurant of their own with money borrowed from relatives, interest-free. She and her brother washed the dishes. Her parents slept on a mattress in the bathroom of their cramped apartment so that the children could study at night in the other room.


Today, while Spanish youth unemployment hovers around 50 percent, Ms. Wang, 24, who studied economics at Harvard on a one-year fellowship, juggles four jobs: teaching Mandarin, advising Chinese investors in Spain, running a publishing house and writing romantic novels. She sends home €1,000, or about $1,300, a month to support her parents, who retired last year.


Her family’s story is telling of the ways many of Spain’s 170,000 Chinese immigrants have managed not only to weather a tough economy but even to thrive, aided by intense labor and a strong Confucian model of family loyalty, while joblessness and cuts to government services have left other Spaniards struggling.


“The Chinese family is less dependent on the government because the family is the welfare state, the bank and social services, all wrapped in one,” Ms. Wang said.


“For Chinese people who lived through hardship back home,” she added, “working 16-hour days is nothing, and that has made us more resilient during the crisis.”


The Spanish government itself seems to have recognized the importance of this success. So determined is it to attract Chinese immigrants that in November it passed a law offering residency permits to foreigners who buy homes worth more than €160,000, with the specific aim of drawing Chinese and Russian investment, lawmakers said.


As hard-hit Spaniards struggle to keep both their jobs and their homes, Spain’s Chinese immigrants in Barcelona and Madrid are starting businesses and buying distressed properties from the bursting of Spain’s housing bubble.


Of the 8,613 foreigners who started businesses in the past 10 months, 30 percent, or 2,569 were Chinese, according to the National Federation of Self-Employed Workers.


InfoChina Gestión, a real estate company based in Madrid that focuses on Chinese investors, said the number of houses sold for €70,000 to €100,000 to Chinese nearly doubled last year, to 813. Mr. House, a real estate company in Madrid, said it was selling at least 10 houses a month to Chinese, a majority of whom paid at least 80 percent in cash.


The types of work many Chinese immigrants gravitate toward helps explain their success as much as their work ethic. In a time of economic crisis, ubiquitous low-margin Chinese-owned bazaars, hairdressers and supermarkets have become a lure for cost-conscious Spanish consumers.


“If it wasn’t for the Chinese shops, it would be harder to scrape by,” said Ester Maduerga, 30, a saleswoman at a sports shoe store, as she scanned the notepads, leather belts and plastic alligators at One Hundred and More, a Chinese-owned bazaar here.


Xi Li He, 26, the bazaar’s manager and cashier, said the business was flourishing, in part because he had reduced prices by importing inexpensive goods from China. When Mr. Xi, fresh from business school, tried to take a job at a large Spanish retailer, he said his mother doubled his salary.


That kind of success by Chinese immigrants has provided a beachhead of sorts for further investment from China that has pumped some life into an otherwise moribund Spanish economy.


Before Spain’s crisis exploded in 2008, Chinese foreign investment in Spain was negligible. By last year, it had grown to €70 million, according to ICEX, a government investment agency.


Ivana Casaburi, a professor of international marketing at Esade business school in Barcelona, said Chinese companies were being drawn to Spain because it offered a low-cost gateway to the European Union, the world’s biggest trading bloc.


Isla Ramos Chaves, an executive at the Chinese computer maker Lenovo, said that even with the crisis, Spain — the fourth-largest economy in the euro zone — remained a market that Chinese companies were eager to tap. She added that Chinese multinationals in Spain were proving robust, in part because they were anchored by a huge domestic market back home.


Executives at Haier, the Chinese-owned appliance maker, said the economic crisis, rather than being a deterrent, had provided an opportunity, as Spaniards were willing to consider competitively priced washing machines and air-conditioners, even if their brands were less well known.


“I am not sure we would have been as successful if the market was stable and growing,” said Santiago Belenguer, the general manager of Haier’s Spanish operations.


The success of Chinese newcomers to Spain has not spawned the kind of anti-immigrant backlash seen in some hard-pressed parts of Europe like Greece. Immigration experts said Spain’s relatively welcoming attitude reflected its new openness after the repression of the Franco years, when the country was a nation of emigration. Since the crisis, the return of thousands of Latin American immigrants to their home countries from Spain has also relieved pressure on the work force.


That does not mean everyone has championed the success of the Chinese, and some complain of stereotyping and being targeted by law enforcement.


In October, the police arrested 80 people in a nationwide crackdown on Chinese criminal gangs engaged in money-laundering and tax evasion. The police said the low price of Chinese products was being abetted by some importers not declaring shipments from China, thereby avoiding taxes.


Here in Barcelona, José Rodríguez, the owner of A Porta Galega, a traditional tapas cafe in the hip neighborhood of Eixample, said cut-rate prices for everything from beer to shampoo at Chinese-owned shops made it impossible for Spaniards to compete. At least a dozen Chinese-owned tapas bars are scattered along his block.


Still, he added, he would sell his own restaurant to Chinese buyers, “for the right price.”


Silvia Taulés contributed reporting.


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Judge rejects part of Apple App Store suit vs Amazon






SAN FRANCISCO (Reuters) – A U.S. judge on Wednesday rejected part of Apple Inc‘s lawsuit against Amazon.com Inc‘s use of the term App Store, ruling Apple cannot bring a false advertising claim against the online retailer.


U.S. District Judge Phyllis Hamilton in Oakland, California, granted Amazon‘s motion for partial summary judgment, which only challenged Apple’s false advertising allegations. Apple leveled other claims against Amazon, including trademark infringement.






An Apple spokeswoman declined to comment, and an Amazon representative could not be reached immediately.


Amazon has stepped up competition against Apple in recent years, launching its cheaper Kindle tablet computer to go after the dominant iPad and trying to lure mobile application developers to its Kindle platform.


One of the first public clashes in their tussle was Apple’s 2011 lawsuit.


Apple accused Amazon of misusing what it calls its APP STORE to solicit developers for a mobile software download service. However, Amazon said its so-called Appstore has become so generic that its use could not constitute false advertising.


In a legal filing last year, Amazon added that even Apple Chief Executive Tim Cook and his predecessor, Steve Jobs, used the term to discuss rivals. Cook commented on “the number of app stores out there” and Jobs referred to the “four app stores on Android.”


In her ruling on Wednesday, Hamilton wrote that the mere use of “Appstore” by Amazon cannot be taken as a representation that its service is the same as Apple’s.


“Apple has failed to establish that Amazon made any false statement (express or implied) of fact that actually deceived or had the tendency to deceive a substantial segment of its audience,” Hamilton wrote.


A trial on Apple’s remaining claims is scheduled for August.


The case is Apple Inc v. Amazon.com Inc et al, U.S. District Court, Northern District of California, No. 11-01327.


(Additional reporting by Alistair Barr in San Francisco; Editing by Tim Dobbyn and Jeffrey Benkoe)


Internet News Headlines – Yahoo! News





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Louisville leads Florida 30-10 after 3 in Sugar


NEW ORLEANS (AP) — Terell Floyd returned an interception 38 yards for a touchdown on the first play, dual-threat quarterback Teddy Bridgewater directed four more scoring drives and No. 22 Louisville held a 30-10 lead over heavily favored No. 4 Florida through three quarters of the Sugar Bowl on Wednesday night.


Shaking off an early hit that flattened him and knocked off his helmet, Bridgewater was 17 of 26 passing for 236 yards and two touchdowns. Among his throws was a pinpoint, 15-yard timing toss that DeVante Parker acrobatically grabbed as he touched one foot down in the corner of the end zone.


His other scoring strike went to Damian Copeland from 19 yards. Jeremy Wright added short touchdown run for Louisville and John Wallace connected on a 27-yard field goal.


Florida had not trailed by more than 10 points in a game all season, but the Cardinals, who came in as two-touchdown underdogs, got off to quite a start. The Gators did not get on the board until Caleb Sturgis's 33-yard field goal early in the second quarter, which made it 14-3.


Florida finally got in the end zone with a trick play in the closing seconds of the half. They changed personnel as if to kick a field goal on fourth-and-goal from the 1, but lined up in a bizarre combination of swinging-gate and shotgun formations and handed off to Matt Jones.


Jones met only minimal resistance as he crashed into the end zone to cap an 11-play, 74-yard drive that included four straight completions and four straight runs by Florida quarterback Jeff Driskel.


The Gators tried to keep the momentum with a surprise onside kick to open the third quarter, but not only did Louisville recover, Florida's Chris Johnson was called for a personal foul and ejected for jabbing at Louisville's Zed Evans. That gave Louisville the ball on the Florida 19, from where Bridgewater needed one play to find Copeland for his score.


On the following kickoff, Evans cut down kick returner Loucheiz Purifoy with a vicious low hit that shook Purifoy up. Soon after, Driskel was sacked hard from behind and stripped by safety Calvin Pryor, who had said days earlier that he thought underdog Louisville was ready to "shock the world."


Louisville's Lorenzo Mauldin recovered on the Florida 4, but the Gators' defense drove the Cardinals backward and forced a missed field goal.


Wallace had another field goal wiped out by an illegal block and then he missed the re-kick from father back.


After Louisville native Muhammad Ali was on the field for the coin toss, the Cardinals quickly stung the Gators. Floyd, one of nearly three dozen Louisville players from the state of Florida, made the play.


Driskel was 11 of 19 for 110 yards. His interception was only his fourth all year. He was looking for seldom-targeted receiver Andre Debose, who had only two catches all season coming in. The throw was a bit behind Debose and the receiver tipped it, making for an easy catch and score for Floyd.


Oddly, Louisville had only 10 defenders on the field until only moments before the snap, when safety Jermaine Reve darted out from the sideline and immediately found a Florida receiver to cover.


When Louisville's offense got the ball later in the quarter, the Florida defense, ranked among the best in the nation this season, sought to intimidate the Cardinals with one heavy hit after another. Then again, Cardinals coach Charlie Strong was plenty familiar with many of these Gators — he was their defensive coordinator before moving to Louisville after the 2009 season.


One blow by Jon Bostic knocked Bridgewater's helmet off moments after he'd floated an incomplete pass down the right sideline. Bostic was called for a personal foul, however, which seemed to get the Cardinals drive rolling. Later, Wright lost his helmet during a 3-yard gain and took another heavy hit before he went down.


Louisville kept coming, though.


B.J. Butler turned a short catch into a 23-yard gain down to the Florida 1. Then Wright punched it in to give the Cardinals an early two-TD lead over a Southeastern Conference opponent that lost only one this season and finished third in the BCS standings, one spot too low to play for a national title in Miami.


Louisville won the Big East berth to this game. They beat Rutgers in late November to virtually lock up the conference title, sealing that win on a late interception by Floyd.


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