5-Hour Energy’s ‘No Crash Later’ Claim Is Disputed





The distributor of the top-selling energy “shot,” 5-Hour Energy, has long claimed on product labels, in promotions and in television advertisements that the concentrated caffeine drink produced “no crash later” — the type of letdown that consumers of energy drinks often feel when the beverages’ effects wear off.




But an advertising watchdog group said on Wednesday that it had told the company five years ago that the claim was unfounded and had urged it then to stop making it.


An executive of the group, the National Advertising Division, also said that 5-Hour Energy’s distributor, Living Essentials, had publicly misrepresented the organization’s position about the claim and that it planned to start a review that could lead to action against the company by the Federal Trade Commission.


“We recommended that the ‘no crash’ claim be discontinued because their own evidence showed there was a crash from the product,” said Andrea C. Levine, director the National Advertising Division. The organization, which is affiliated with the Council of Better Business Bureaus, reviews ad claims for accuracy.


The emerging dispute between Living Essentials and the National Advertising Division is unusual because the $10 billion energy drink industry is rife with questionable marketing. And Living Essentials, which recently cited the advertising group’s support in seeking to defend the “no crash” claim, may have opened the door to greater scrutiny.


Major producers like 5-Hour Energy, Red Bull, Monster Energy and Rockstar Energy all say their products contain proprietary blends of ingredients that provide a range of mental and physical benefits. But the companies have conducted few studies to show that the costly products provide anything more than a blast of caffeine, a stimulant found in beverages like coffee, tea or cola-flavored sodas.


The dispute over 5-Hour Energy’s claim also comes as regulatory review of the high-caffeine drinks is increasing. The Food and Drug Administration recently disclosed that it had received reports over the last four years citing the possible role of 5-Hour Energy in 13 deaths. The mention of a product in an F.D.A. report does not mean it caused a death or injury. Living Essentials says it knows of no problems related to its products.


The issue surrounding the company’s “no crash” claim dates to 2007, when National Advertising Division began reviewing all of 5-Hour Energy’s marketing claims. That same year, the company conducted a clinical trial of the energy shot that compared it to Red Bull and Monster Energy.


At the time, Living Essentials was already using the “No crash later” claim. An article on Wednesday in The New York Times reported that the study had shown that 24 percent of those who used 5-Hour Energy suffered a “moderately severe” crash hours after consuming it. The study reported higher crash rates for Red Bull and Monster Energy.


When asked how those findings squared with the company’s “no crash” claim, Elaine Lutz, a spokeswoman for Living Essentials, said the company had amended the claim after the 2007 review by the National Advertising Division. In doing so, it added an asterisklike mark after the claim on product labels and in promotions. The mark referred to additional labeling language stating that “no crash means no sugar crash.” Unlike Red Bull and Monster Energy, 5-Hour Energy does not contain sugar.


Ms. Lutz said that based on the modification, the advertising accuracy group “found all of our claims to be substantiated.”


However, Ms. Levine, the advertising group’s director, took sharp exception to that assertion, saying it mischaracterized the group’s decision. And a review of the reports suggested that Living Essentials had simply added language of its choosing to its label rather than doing what the group had recommended — drop the “no crash” claim altogether.


That review concluded that the company’s 2007 study had shown there was evidence to support a “qualified claim that 5-Hour Energy results in less of a crash than Red Bull and Monster” Energy. But it added the study, which showed that 5-Hour Energy users experienced caffeine-related crashes, was inadequate to support a “no crash” claim.


Ms. Levine said Living Essentials had apparently decided to use the parts of the group’s report that it liked and ignore others.


Companies “are not permitted to mischaracterize our decisions or misuse them for commercial purposes,” she said.


She said the group planned to notify Living Essentials that it was reopening its review of the “no crash later” claim. If the company fails to respond or provides an inadequate response, the National Advertising Division will probably refer the matter to the F.T.C., she said.


A Democratic lawmaker, Representative Edward Markey of Massachusetts, has asked that the agency review energy drink marketing claims.


Asked about the position of the National Advertising Division, Ms. Lutz, the 5-Hour Energy spokeswoman, stated in an e-mail that the “no sugar crash” language had been added to address the group’s concern.


This article has been revised to reflect the following correction:

Correction: January 2, 2013

An earlier version of this article misstated the number of deaths in which the Food and Drug Administration said 5-Hour Energy possibly played a role. The number was 13, not 15.



Read More..

5-Hour Energy’s ‘No Crash Later’ Claim Is Disputed





The distributor of the top-selling energy “shot,” 5-Hour Energy, has long claimed on product labels, in promotions and in television advertisements that the concentrated caffeine drink produced “no crash later” — the type of letdown that consumers of energy drinks often feel when the beverages’ effects wear off.




But an advertising watchdog group said on Wednesday that it had told the company five years ago that the claim was unfounded and had urged it then to stop making it.


An executive of the group, the National Advertising Division, also said that 5-Hour Energy’s distributor, Living Essentials, had publicly misrepresented the organization’s position about the claim and that it planned to start a review that could lead to action against the company by the Federal Trade Commission.


“We recommended that the ‘no crash’ claim be discontinued because their own evidence showed there was a crash from the product,” said Andrea C. Levine, director the National Advertising Division. The organization, which is affiliated with the Council of Better Business Bureaus, reviews ad claims for accuracy.


The emerging dispute between Living Essentials and the National Advertising Division is unusual because the $10 billion energy drink industry is rife with questionable marketing. And Living Essentials, which recently cited the advertising group’s support in seeking to defend the “no crash” claim, may have opened the door to greater scrutiny.


Major producers like 5-Hour Energy, Red Bull, Monster Energy and Rockstar Energy all say their products contain proprietary blends of ingredients that provide a range of mental and physical benefits. But the companies have conducted few studies to show that the costly products provide anything more than a blast of caffeine, a stimulant found in beverages like coffee, tea or cola-flavored sodas.


The dispute over 5-Hour Energy’s claim also comes as regulatory review of the high-caffeine drinks is increasing. The Food and Drug Administration recently disclosed that it had received reports over the last four years citing the possible role of 5-Hour Energy in 13 deaths. The mention of a product in an F.D.A. report does not mean it caused a death or injury. Living Essentials says it knows of no problems related to its products.


The issue surrounding the company’s “no crash” claim dates to 2007, when National Advertising Division began reviewing all of 5-Hour Energy’s marketing claims. That same year, the company conducted a clinical trial of the energy shot that compared it to Red Bull and Monster Energy.


At the time, Living Essentials was already using the “No crash later” claim. An article on Wednesday in The New York Times reported that the study had shown that 24 percent of those who used 5-Hour Energy suffered a “moderately severe” crash hours after consuming it. The study reported higher crash rates for Red Bull and Monster Energy.


When asked how those findings squared with the company’s “no crash” claim, Elaine Lutz, a spokeswoman for Living Essentials, said the company had amended the claim after the 2007 review by the National Advertising Division. In doing so, it added an asterisklike mark after the claim on product labels and in promotions. The mark referred to additional labeling language stating that “no crash means no sugar crash.” Unlike Red Bull and Monster Energy, 5-Hour Energy does not contain sugar.


Ms. Lutz said that based on the modification, the advertising accuracy group “found all of our claims to be substantiated.”


However, Ms. Levine, the advertising group’s director, took sharp exception to that assertion, saying it mischaracterized the group’s decision. And a review of the reports suggested that Living Essentials had simply added language of its choosing to its label rather than doing what the group had recommended — drop the “no crash” claim altogether.


That review concluded that the company’s 2007 study had shown there was evidence to support a “qualified claim that 5-Hour Energy results in less of a crash than Red Bull and Monster” Energy. But it added the study, which showed that 5-Hour Energy users experienced caffeine-related crashes, was inadequate to support a “no crash” claim.


Ms. Levine said Living Essentials had apparently decided to use the parts of the group’s report that it liked and ignore others.


Companies “are not permitted to mischaracterize our decisions or misuse them for commercial purposes,” she said.


She said the group planned to notify Living Essentials that it was reopening its review of the “no crash later” claim. If the company fails to respond or provides an inadequate response, the National Advertising Division will probably refer the matter to the F.T.C., she said.


A Democratic lawmaker, Representative Edward Markey of Massachusetts, has asked that the agency review energy drink marketing claims.


Asked about the position of the National Advertising Division, Ms. Lutz, the 5-Hour Energy spokeswoman, stated in an e-mail that the “no sugar crash” language had been added to address the group’s concern.


This article has been revised to reflect the following correction:

Correction: January 2, 2013

An earlier version of this article misstated the number of deaths in which the Food and Drug Administration said 5-Hour Energy possibly played a role. The number was 13, not 15.



Read More..

In Egypt, young revolutionaries feeling despair









CAIRO — Many of Egypt's twentysomething generation, hungry for a just society and economic opportunities, say they see themselves as lost after last month's clashes over the nation's constitution.


Young Egyptians like artist Mahmoud Aly and student Mohamed Abdelhamid were shock troops of the revolution. They gathered in the streets in February 2011 and shouted for then-President Hosni Mubarak to go. They cheered in amazement when he did.


But they look around now and wonder who, if anyone, is guarding their interests following the battle between ruling Islamists and the liberal opposition.





Aly, whose ripped-up jeans are often marked with the paint he uses to draw political images across the sidewalks and public buildings in the coastal city of Alexandria, said the current government does not represent him or his friends and family. He lost faith after President Mohamed Morsi and his supporters in the Muslim Brotherhood pushed through an Islamist-drafted constitution in December, ignoring the objections of many Egyptians.


Abdelhamid, a university student in Cairo who marched for the opposition last month, believes that the new rulers will do little for people like him.


Despair like theirs could be dangerous for the Islamists, who risk alienating the larger population with heavy-handed measures, and also the opposition, which may be adept at protests but is unable to offer a compelling vision for governing or mobilizing grass-roots followers at the polls.


"This way of politics cannot lead to stability," said Ammar Ali Hassan, a prominent political sociologist and writer who estimates that 60% of Egypt's 82 million people are under 40. "Nobody will be able to create another authoritarian regime, and nobody will be able to remain in power for long without reaching out to the youth."


Aly has produced vibrant graffiti to convey his message of freedom. His work depicts young protesters confronting the country's leadership, dominated by the Muslim Brotherhood and ultraconservative Salafist movements. Through his work, Aly hopes to help promote political awareness and youth empowerment.


"When people see my work, I do not want them to accept my point of view, I just want them to think," he said. "Maybe I am wrong and so is my message, but I let people think and make their own decision."


Aly, 19, still believes that it is the youth who must apply the pressure.


"Graffiti and art in general reaches everyone, and when the authorities remove our work in the streets we go back," he said. "One of us always goes back and draws, again and again."


Aly said he feels the divide now between Morsi's Islamist supporters and those like him. A month ago, he said, he would have engaged with Islamists at his university or in his community, but now he won't. Watching them take political control has soured him.


"They are stubborn and not willing to listen to us. If there was hope with them, I would have spoken to them; the hope now is to convince the people in the street," Aly said. "As the Brotherhood continue to break their promises, the people themselves will [begin to] understand."


Abdelhamid, the 20-year-old marketing student at Cairo University, is similarly disenchanted. He despises the Islamist leadership's use of religion to mobilize supporters and steamroll critics, but he also said he feels even more frustrated by the opposition's "incompetence."


"We need to start doing what we did during Mubarak's era. We focused on changing the country and the people, and this was the trigger for the revolution," he said. "The opposition needs to address the people because they have absolutely no weight on the ground right now."


Abdelhamid said he expects opposition parties to do poorly again when elections for parliament are held in the coming weeks because they are poorly prepared and not united. Meanwhile, the Muslim Brotherhood's party has already started unofficially campaigning.


He remains optimistic that eventually Egyptians will again bring about change, as they did when they brought down Mubarak. But he doesn't know if he can wait.


"This country is demolished, economically we are collapsed. We started this revolution for a better future, now we just don't know this future," he said. "I will graduate in July and I'm actually considering leaving the country and living abroad."


Although he is her only son, Abdelhamid's mother strongly encourages the idea and pushes him to look for opportunities elsewhere.


"I would rather work in Egypt," he said, "but I won't lie to you. This is an easy way out, a better way out."


Abdellatif is a special correspondent. Times staff writer Ned Parker in Beirut contributed to this report.





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The Future Is Now: What We Imagined for 2013 — 10 Years Ago










Predicting the future is hard, but that doesn’t stop us from trying. We’re Wired, after all.


Ten years ago, we boldly declared that we’d be living with phones on our wrists, data-driven goggles on our eyes and gadgets that would safety-test our food for us. Turns out, a lot of the things Sonia Zjawinski conceptualized in our “Living in 2013” feature way back in 2003 were remarkably close to what we’ve seen. We even got the iPhone right (sort of).


And so, as we look back on life in 2013 circa 2003, we’re going to spin it forward once again to tell you what life will be like in 2023.





Mat Honan is a senior writer for Wired's Gadget Lab and the co-founder of the Knight-Batten award-winning Longshot magazine.

Read more by Mat Honan

Follow @mat on Twitter.



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Heartwarming moments defy chill at Rose Parade






PASADENA, Calif. (AP) — A couple who became husband and wife on the “Love Float,” a surprise reunion between a returning soldier and his little boy, and a grand marshal famed globally for her chimpanzee research were among the highlights of the 124th Rose Parade on Tuesday.


The parade’s spectacular 42 floral floats brightened an otherwise cloudy New Year’s morning and boosted the spirits of a chilled crowd estimated at some 700,000 spectators lining the 5-mile route.






“The only way that you’re going to experience the Rose Parade is to be here in person,” said Los Angeles resident Gineen Alcantara-Nakama, who camped out Monday night to save front row sidewalk spots.


“Growing up, I watched it on television, but it’s not the same — the smell, the atmosphere, smelling the flowers as they come down the street. And the energy. It’s like being with family all night long.”


Spectators rose to a standing ovation when Army Sgt. First Class Eric Pazz, who was riding on the Natural Balance Pet Foods float along with other service members, got off the float and walked over to his surprised wife Miriam and 4-year-old son Eric Jr., who came running out of the stands into the arms of his 32-year-old father.


Miriam Pazz had been told she had won a contest to attend the parade and did not know her husband, who is deployed in Afghanistan, would be there. A native of Clio, Mich., Pazz is a highly decorated soldier who has also served in Iraq. The family, who currently lives in Germany, climbed aboard the float for the rest of the route.


Cheers also went up for a Chesapeake, Va., couple who tied the knot aboard Farmers Insurance “Love Float.”


Gerald Sapienza and Nicole Angelillo were high school classmates who reconnected 10 years later and won the parade wedding over three other couples in a nationwide contest. They received a trip to Pasadena, a wedding gown, tuxedo, rings, marriage license fees, Rose Bowl game tickets and hair and makeup for the bride.


The parade’s theme this year was “Oh the Places You’ll Go!” named in honor of the Dr. Seuss book. It served as a fitting slogan for grand marshal British primatologist Jane Goodall, who has spent much of her life in Tanzania studying chimpanzees.


Goodall chose conservation as her message for the parade


“My dream for this New Year’s Day is for everyone to think of the places we can all go if we work together to make our world a better place,” said Goodall, 78.


“Every journey starts with a step and I am pleased to see the Tournament of Roses continue to take steps toward not only celebrating beauty and imagination, but also a cleaner environment.”


This year’s parade also saw the first-ever float entered by the Defense Department.


The $ 247,000 military float was a replica of the Korean War Veterans Memorial in Washington to commemorate the veterans from that conflict.


The float that scooped up the parade’s grand “Sweepstakes” prize for the most beautiful floral presentation and design was “Dreaming in Paradise” by fruit and vegetable producer Dole.


According to parade rules, every inch of the floats must be covered with flowers or plant material, most of it applied by volunteers in the last weeks of December.


Besides floats, the parade also featured 23 marching bands and 21 equestrian units from around the world.


Banda El Salvador, a 200-plus member marching band and folkloric dance troupe, played sassy Latin rhythms and paid homage to their Central American country by dressing in the national colors of blue and white and shouting “Arriba El Salvador!”


The Aguiluchos band from Puebla, Mexico, earned cheers for their fancy footwork and vaquero rope tricks. Colorful dancers from Costa Rica and South Korea were other crowd pleasers.


Die-hard parade fans staked out their spots overnight or in pre-dawn hours with folding chairs, hammocks and portable barbeque grills despite frosty temperatures.


Emergency personnel received a number of cold-weather exposure calls, police department spokeswoman Lisa Derderian told City News Service.


As of 8 a.m. Tuesday, police had made a total of 22 arrests along the parade route since 6 p.m. Monday, said police Lt. Rick Aversan. All but one arrest were for suspected public intoxication. The other was for suspected possession of burglary tools that could have been used to break into cars, police said.


Entertainment News Headlines – Yahoo! News





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Drug Makers Losing a Bid to Foil Generic Painkillers





Public officials have long urged makers of powerful painkillers to do more to make the medications harder to crush and abuse. But now that some companies have done so, they want something in return — a ban on generic versions of the drugs they make that do not have such tamper-resistant designs. 







Stuart Isett for The New York Times

Purdue Pharma’s OxyContin







Purdue Pharma LP

Tablets of OxyContin have been made more resistant to abuse. At left, a tablet crushed into powder. Right, a reformulated tablet does not easily turn into powder when it is crushed.






In coming months, generic drug producers are expected to introduce cheaper versions of OxyContin and Opana, two long-acting narcotic painkillers, or opioids, that are widely abused.


But in hopes of delaying the move to generics, the makers of the brand name drugs, Purdue Pharma and Endo Pharmaceuticals, have introduced versions that are more resistant to crushing or melting, techniques abusers use to release the pills’ narcotic payloads.


The two drug makers, which say they are motivated not by profit but by public safety, have also been waging a multifront political and legal war to block sales of generics that are not tamper-resistant.


The companies argue that the older designs will feed street demand for strong painkillers, drugs that are involved in more than 15,000 overdose-related deaths a year. While some experts say the new tamper-resistant products are not a cure-all for the abuse problem, others say they represent an important step forward.


“I think it would be a shame if the government would allow generics to come in without any tamper-resistant properties,” said Dr. Lynn R. Webster, a specialist in Salt Lake City who has consulted with companies developing such safeguards. Over the last year, Purdue Pharma and Endo have backed legislation in Congress that would require many opioids to be tamper-resistant, and lobbied in favor of similar state laws.


They have also urged the Food and Drug Administration to give their tamper-resistant designs a stamp of safety approval that other manufacturers would have to match. The agency does not currently differentiate between drugs that have abuse-resistant qualities and those that do not.


Thus far, the companies’ efforts have failed. In mid-December, a federal judge threw out a lawsuit by Endo that would have blocked the F.D.A. from allowing generic versions of its drug, Opana, to go on sale in January. A recent effort by some doctors and local officials in Canada to deter sales of generic versions of OxyContin there fell flat. While companies like Purdue Pharma insist the public’s health is their main concern, others note that producers introduced tamper-resistant versions of their products just as the drugs were about to lose patent protection. In court papers filed in response to Endo’s lawsuit, the F.D.A. described the company’s action as a “thinly veiled attempt to maintain its market share and block generic competition.”


An F.D.A. official, Dr. Douglas C. Throckmorton, said the agency expected to issue guidance this month that would lay out the types of scientific data that drug producers would have to submit to support a claim that an opioid’s design or formulation helped to deter its abuse.


Companies are developing a variety of methods to do that. The new OxyContin pill turns into a gummy mass when an abuser crushes it, and the Opana pill is designed to break into large pieces when manipulated. Other methods include pills that contain a second drug reversing the opioid’s narcotic effects if taken inappropriately.


“We understand the value in developing appropriate abuse-resistant technology and we want to find a way of incentivizing that,” said Dr. Throckmorton, the F.D.A.’s deputy director for regulatory programs. “But we also understand the value of generics for patients.”


A study published in 2012 in a medical journal, The Journal of Pain, found that the percentage of people treated at drug-abuse clinics who reported abusing OxyContin fell significantly since the introduction of the tamper-resistant version.


Some of those abusers said they had switched to other long-acting opioids that were easier to abuse like Opana — before its reformulation — or to illicit drugs like heroin, according to the study, which was financed by Purdue Pharma.


But the generic versions of OxyContin and Opana are expected to be significantly cheaper than the tamper-resistant versions of those drugs. At time of introduction in late 2010, the price of the new version of OxyContin was about $6 per 40 milligram tablet, the same then as the price that was not tamper-resistant. Since then, the price of the new version has risen to about $6.80 for that strength tablet. Opana costs about the same amount for a pill of the same pain-killing strength.


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Square Feet: Commercial Real Estate Web Sites Increase in Popularity





In terms of marketing tone, the commercial real estate industry has long played the quiet cousin to the brasher residential business. While apartments are routinely sold using splashy, multifaceted ad campaigns, commercial brokers and developers have favored lower-key, brochure-based approaches.




But the two branches of the family may be growing closer. In recent months, the marketing teams for some New York office buildings have decided to get the word out by deploying the type of stylish Web sites once used only by luxury condominiums.


Unlike the Web sites of office buildings past, which tended to be bare-bones and buried deep within a landlord’s corporate home page, this new crop stands alone and crackles with animation, exuberant language and videos.


And by publicizing details like where telecom cables enter the building, these sites add transparency to a business that can seem clubby and secretive.


“Lunches with brokers is an old-school way of getting your message out,” said Grant Greenspan, a broker and principal at the Kaufman Organization, a landlord that has set up Web sites for two of its buildings, 100-104 Fifth Avenue and 550 Seventh Avenue. But, he added, “it’s only as good as the group of brokers who you perceive to have the clients.”


By introducing buildings to the public online to generate demand, Mr. Greenspan said, “you get clients going to their brokers and saying, ‘Why aren’t you showing me this building?’ ”


The site for 100-104 Fifth Avenue, a pair of joined, early-20th-century buildings near Union Square that Kaufman co-owns with Invesco Real Estate, was also useful in chronicling the $15 million renovation that occurred after the development team bought the property out of bankruptcy in 2010 for $94 million.


The renovation, which took two years, included adding a fire safety system and six elevators and redesigning a pair of lobbies. All of this is described in a colorful, animated timeline on the Web site, 100-104fifth.com, as are the specifics about those telecom cables.


The Kaufman Organization credited the site with helping to fill the 270,000-square-foot building quickly. It is at 98 percent occupancy today, up from 60 percent when the landlord bought it.


According to Mr. Greenspan, all six tenants signed there since 2010 said the site had played a major role in piquing their interest. Those tenants include Yelp, the online review business; Apple’s iAd, an advertising network; and Net-a-Porter, a women’s apparel retailer. They pay rents ranging from $45 to $60 per square foot, Kaufman said.


Similarly, at 550 Seventh Avenue, which Kaufman recently began managing for Adler Group, a new Web site is being used to rebrand the 12-story building in the garment district, where fashion tenants have historically held sway.


The Web site, 550seventhave.com, may surprise property owners who tend to be tight-lipped about their tenants. It shows the directory in the building’s lobby, revealing that Lilly Pulitzer, Donna Karan International and Oscar de la Renta have offices inside.


The site, introduced in October, is already paying off. An 11,000-square-foot space on the 10th floor is expected to be leased this month to a software company, Mr. Greenspan said, adding that the $30,000 cost of making both sites, plus the hours logged by a full-time worker, had been worth every penny.


If Web sites “facilitate renting the spaces 60 or 90 days sooner, they make all the sense in the world,” he said.


Some major New York landlords, like the Chetrit Group, have no online presence. And even when Web sites do exist, they can be a bit stolid, offering little more than the year the building was completed, its architect and its total square footage, as with the General Motors Building, owned by Boston Properties. Brokers say that when a high-rise has existed for years and is one of Manhattan’s prized addresses as well, it may not have to promote itself online.


A new office building must do more, especially when it hasn’t even come out of the ground yet. In those cases, a Web site is essential to allow tenants to visualize their future home, said Christopher V. Albanese, president of the Albanese Organization, a Long Island-based developer. These sites tend to be extremely eye-catching and could easily be mistaken for ones intended to sell multimillion-dollar condos.


In November, the Albanese Organization unveiled 510w22.com, for 510 West 22nd Street, a planned 170,000-square-foot office building in West Chelsea. The centerpiece of the artful Web site is a four-minute video narrated by the architect Rick Cook, which brims with dramatic music and soaring shots of the adjacent High Line.


Creating such a Hollywood-caliber product, which includes renderings that normally would not have been commissioned, doubled the building’s marketing budget — “but without it, tenants might think that this was just some ordinary building, and it really isn’t,” Mr. Albanese said.


Also, financing for the $150 million project cannot be secured until the building is 30 percent leased, he said, making a dynamic marketing tool all the more important.


Though online videos for commercial real estate are not widespread, they are gaining in popularity.


The Web site for 7 Bryant Park, a 28-story office building that Hines is developing on Avenue of the Americas, features a two-minute video. A piano tinkles; the camera swoops.


Read More..

Jerry Brown readjusts his stand on the environment vs. business









SACRAMENTO — When Gov. Jerry Brown spoke to a crowd of beaming environmentalists and renewable energy advocates at the launch of a solar farm last year, he turned heads by praising another form of fuel: oil.


It was a surprising pivot from the man credited with helping to usher in the modern environmental movement as California's governor nearly four decades ago.


Back then, Brown enacted the nation's first energy-efficiency standards, signed strict anti-smog laws and blocked offshore drilling. But in his return engagement as California's chief executive, he has eased key regulations for oil companies, capped wildfire liability for timber companies and relaxed the state's landmark environmental law.





That strain of pragmatism has run throughout Brown's current governorship — and flummoxed many allies — and nowhere is it more apparent than on the issue of the environment.


As the state forges ahead with an ambitious program to combat global warming by penalizing major polluters, Brown has said he also wants to unshackle development and create jobs by overhauling California's signature environmental law. And although he signed legislation requiring the state to get a third of its power from renewable energy sources, he is supporting the oil industry's push for more drilling.


Brown's spokesman, Gil Duran, compared the approach to that of President Obama, who has touted what he calls an "all of the above" energy strategy.


"You have to pursue renewable energy — and California is leading the way — but you also have to have balance and common sense," Duran said.


Business leaders say Brown's moves are those of a chief executive who knows how to spur growth in a sluggish economy. Oil companies, timber firms and other business interests typically friendly to Republicans rewarded the Democratic governor's efforts by donating millions of dollars to his successful fall campaign to raise taxes.


Environmentalists say Brown's actions undercut his own efforts to dramatically reduce greenhouse gas emissions over the next decade and imperil the state's standing as a leader on climate change.


"He likes renewable energy. We think that's great," said Kathryn Phillips, director of Sierra Club California. "But it makes no sense for somebody who cares as much about greenhouse gas reduction as he does to be bending to the will of the oil industry or bending to the will of a private massive clear-cutter."


In 2011, when the oil industry complained that environmental scrutiny had slowed the permitting of drilling projects, the governor fired his top two regulators and appointed replacements who agreed to speed approvals. He said the regulators had needlessly held up routine permits, and the projects represented jobs and revenue.


Brown also pushed hard for legislation to limit the legal liability of timber companies in cases of wildfires caused by their practices.


Echoing the timber industry's concerns, the administration said the bill would prevent prosecutors from seeking "excessive damages" — payouts several times larger than the value of the damaged land. Federal authorities said the measure could make it more difficult to secure money to pay for recovery from destructive blazes.


In a nod to conservationists, the bill Brown ultimately signed also imposed a 1% tax on lumber sales to fund restoration efforts and oversight of the industry.


"He's balancing the practical needs of California with his philosophy on finding alternative sources of energy," said Allan Zaremberg, president of the California Chamber of Commerce. "Whether you agree with him or not, he's trying to find that balance."


Activists and industry both are preparing for key fights this year.


Hoping to boost the state's economy, Brown has signaled his desire to loosen the California Environmental Quality Act — the same law he used as attorney general to pressure cities and counties to comply with the global warming law.


The measure requires developers to go through a lengthy public process detailing their projects' potential environmental effects and how those would be mitigated. Business groups have long complained that activists, labor unions — even corporate competitors — abuse the law by filing frivolous lawsuits to delay and kill development.


In 2011 Brown heard their call and signed bills to help a football stadium proposed for downtown Los Angeles and other major projects avoid drawn-out CEQA litigation. "There are too many damn regulations," he said at a signing ceremony.


Brown, who as Oakland mayor tried to have the city's downtown exempted from CEQA, wants to further limit environmental challenges to projects such as California's high-speed rail system.


"CEQA is the safety net for the air we breathe and the water we drink," said Kassie Siegel, a lawyer for the Center for Biological Diversity. "If CEQA exemptions are a way for people to make a quick buck, we'll all regret them in the end."


Environmental groups and the energy industry are also concerned about the administration's proposed rules for hydraulic fracturing, or "fracking," a controversial drilling process that could help unlock billions of barrels of oil buried deep in California shale.


Although recently drafted regulations would require energy companies to disclose for the first time what chemicals they pump underground to break apart rock and release crude, the proposed rules would also allow firms to claim trade secrets and withhold information they consider proprietary.


Environmentalists and public health advocates have raised safety questions over the hundreds of chemicals that are typically used — many of them known carcinogens. And they fear the trade-secret provision could undermine the presumed intent of the regulations: disclosure.


Oil companies say the technology is safe and argue that such a clause is necessary to protect their competitive advantage.


Speaking to reporters after the November election, Brown said his actions would be guided by a simple question: "Do we have the right rules in place?"


"We are going to calibrate our regulations," he said, "to ensure that they encourage jobs as well as protect other aspects of public interest such as environment, health and good working conditions."


michael.mishak@latimes.com





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The Best of Exploration: Top 8 Stories of Space Exploration in 2012

Our recap of the year’s best exploratory exploits continues today with a look at the biggest developments in space exploration. 2012 saw the stunning debut of new spacecraft (Curiosity), the continued contributions of geriatric ones (Voyager), and the first full year since the end of the Space Shuttle program. Casey Dreier of The Planetary Society nominated 8 particularly meaningful developments from the last twelve months.



Image: Dreier’s pick for image of the year, a Cassini photograph of Saturn’s north pole through an infrared filter. (Credit: NASA / JPL / SSI / Emily Lakdawalla)


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Is Tom Cruise still a go-to action hero? Hollywood, “Jack Reacher” say yes






LOS ANGELES (TheWrap.com) – Given his age and the tough year he’s had in the tabloids, is Tom Cruise still a go-to guy when Hollywood is looking for an action hero?


The answer is yes, based on the performance of his current movie, Paramount‘s “Jack Reacher.” It’s taken in $ 45 million in the 10 days since opening with $ 15.6 million in a very crowded and competitive holiday market. Its second week was a solid $ 14 million, and it’s added $ 22 million from overseas.






Holiday movies tend to have legs and “Reacher” has yet to roll out in the majority of major foreign territories, so both of those numbers, particularly the international, will be growing. All signs point to it surpassing $ 200 million at the worldwide box office. That’s not a blockbuster figure, and Paramount is staying mum on a sequel, but with a $ 60 million budget, “Jack Reacher” will make money for Paramount.


There were questions coming in. With his divorce from Katie Holmes and subsequent custody battle, Cruise is carrying plenty of public relations baggage. His foray earlier this year into musicals with “Rock of Ages” was critically applauded but proved a box-office dud. That’s on top of his well-known support for Scientology.


He’s 50 now, which might be the new 40 in the real world, but is starting to get on in years in the realm of action heroes. Daniel Craig is 44. Jeremy Renner is 41. We are a long way from “Top Gun” – that was 1986 – so it probably won’t be too, too long until “The Expendables” franchise comes calling for Cruise.


But in the meantime, “Reacher” is going to be profitable for Paramount and Cruise’s portrayal of the tough, ex-military drifter has drawn critical kudos, so there’s a bit of momentum now. And it’s clear from his upcoming schedule that Hollywood is still convinced he can carry an action film.


Next for Cruise will be two sci-fi movies: Universal’s “Oblivion” is due in April and “All You Need is Kill” is set for March 2014 from Warner Bros. After that, there’s a potential “Van Helsing” remake at Universal and “Mission: Impossible 5″ is on Paramount‘s 2015 slate.


His recent track record at the box office, particularly when you look at his performance in the action genre, suggests the studios are making a pretty good bet.


“Rock of Ages” may have crumpled, but “Mission: Impossible – Ghost Protocol” was a huge hit for Paramount, taking in nearly $ 700 million worldwide in 2011. “Knight & Day,” from Fox in 2010, and “Valkyrie,” from United Artists in 2008, both made over $ 200 million worldwide.


Supporting roles in “Tropic Thunder” and “Lions for Lambs” preceded those, but those came on the heels of two Paramount movies: “Mission Impossible 3,” which made nearly $ 400 million worldwide in 2006, and “War of the Worlds,” which did $ 592 million in the previous year.


The bottom line: Hollywood is still convinced you can still take Tom Cruise, movie action hero, to the bank.


Movies News Headlines – Yahoo! News





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