J.R.R. Tolkien estate sues Warner Bros. over gambling, games
















LOS ANGELES (Reuters) – The estate of “The Lord of the Rings” author J.R.R. Tolkien and publisher HarperCollins have filed an $ 80 million lawsuit against Warner Bros. studios over the licensing of characters and plots in online and gambling games derived from the films.


The lawsuit, which was filed in U.S. District Court in Los Angeles on Monday, alleges that Warner Bros. and its subsidiary New Line Cinema – which own the merchandising rights to the “Lord of the Rings” and “The Hobbit” brands – infringed on copyrights by licensing to casino slot machines, online gambling, games and downloads.













Tolkien‘s estate accuses Warner Bros., a unit of Time Warner Inc., of “infringing conduct.”


“Not only does the production of gambling games patently exceed the scope of defendants’ rights, but this infringing conduct has outraged Tolkien’s devoted fan base, causing irreparable harm to Tolkien’s legacy and reputation and the valuable goodwill generated by his works,” the lawsuit stated.


The suit claimed Warner Bros. earned millions of dollars from legal merchandise licensing revenue related to “The Lord of the Rings” trilogy of films, which have grossed nearly $ 3 billion at the global box office.


The estate of the late English author and HarperCollins, a division of News Corp., are asking for at least $ 80 million in damages.


Representatives for Warner Bros., Tolkien’s estate and HarperCollins were not immediately available for comment.


The lawsuit comes a week ahead of the New Zealand premiere of “The Hobbit: An Unexpected Journey,” the first of a new trilogy of films returning to Tolkien’s world of elves, goblins and wizards of Middle Earth, based on the “Lord of the Rings” prequel novel “The Hobbit.”


(Reporting By Eric Kelsey; Editing by Piya Sinha-Roy and Mohammad Zargham)


Movies News Headlines – Yahoo! News



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Jack Welch’s Unretirement
















On Oct. 11, Jack Welch took the stage before a standing-room-only crowd at the North Ridge Country Club in Raleigh, N.C., and doubled down. “In order for the employment numbers to be where they were said to be, the economy would have to be operating at breakneck speed,” Welch, the former chief executive officer of General Electric (GE), said in defense of his widely derided Twitter message alluding to a partisan bias in a U.S. Bureau of Labor Statistics report. The previous week he’d written: “Unbelievable jobs numbers..these Chicago guys will do anything..can’t debate so change numbers.” Welch looked out at the 400 executives attending the North Carolina CEO Forum. “Do you think the economy is operating at breakneck speed? All I’m trying to do is show this number is nonsense!”


“These people,” he went on, referring to the workers who conduct the employment survey, “they may have a soul Christ would be happy with, but do you really think they’re Romney supporters? Everyone has bias, and that influences what you do.”













74b64  feature welch48  01  inline2021 Jack Welchs UnretirementPhoto illustration by Justin Metz; Head: Peter Foley/Bloomberg; Body: Blend Images/Corbis; Couple: Abel Mitja Varela/Getty Images


Welch wore a dark suit and striped tie, and as he shared his conspiracy theory in exchange for his standard six-figure fee, he excitedly wiggled his 5-foot, 7-inch frame around in a red armchair on stage. But Welch, who just turned 77, wasn’t finished. “If I were president,” he declared, according to Lauren Ohnesorge of the Triangle Business Journal, who was present, “I would raise the retirement age!” And: “The trouble with government is, it has no competition—it is bloated beyond belief!”


In case it wasn’t clear, Welch “reviles” President Obama, as Welch’s interviewer, Ken Eudy, says. “Our event is actually nonpolitical,” says Rick Deckelbaum, one of the event’s organizers, chuckling a little. “Welch even joked that on the flight down to Raleigh his people told him not to talk about politics.”


Welch didn’t care. By all indications, he was soaking up the attention he’d generated using his social media bully pulpit. His suggestion that the Obama administration had fudged the employment report for political gain made headlines around the world—most of them negative. According to a person close to him, Welch was hurt by some of the mockery that rained down. The detractions ranged from calling Welch a “crazy-old-man-on-twitter” (Reuters’s (TRI) Felix Salmon) to a has-been who has “lost his game” (Fortune’s Allan Sloan). It was not the kind of attention he was used to—but it was still better than no attention at all.


On the North Carolina stage, Welch turned to Eudy, the public-relations executive and local Democrat who was questioning him: “Your party likes to divide,” Welch scolded. “I know about division—my daughters are out right now with Obama signs. … So we’ve chosen not to discuss the subject.” It was clear he relished his status as a free agent. “If I were still a CEO, I wouldn’t be saying all these controversial things.”


In conversations with friends, Welch calls himself retired, but retirement Jack Welch-style is very different than retirement for most business moguls. At one end of the spectrum is Bill Gates, who quit running Microsoft (MSFT) to battle malaria and poverty in the developing world; at the other are entrepreneurs who found wellness centers, ex-chiefs who bankroll the search for extraterrestrial life, and John McAfee, the antivirus software pioneer on the lam in Belize. In between are dozens of less colorful lives lived by corporate elder statesmen, such as former IBM (IBM) Chairman Lou Gerstner, who hold part-time consulting gigs or business school professorships. Since September 2001, when he left GE, Welch has forged his own, singular path, a sort of unretirement-as-reality-show cast by himself and his third wife, Suzy. Says Jimmy Lee, vice chairman of JPMorgan Chase (JPM) and Welch’s close friend and longtime business associate: “His agenda is being Jack.”


Welch left the corporate sector with more than $ 400 million and enjoys a gilded standard of living, flitting between his Manhattan apartment with skyline views and oceanside spreads on Nantucket and in North Palm Beach, Fla. “He plays golf, he enjoys that,” says Larry Bossidy, one of Welch’s lieutenants at GE and a former CEO of Honeywell (HON) who socializes with Welch. “But what keeps him vital and alive is his engagement in various activities. He’s not a guy who sits around and worries about things. He enjoys life in many dimensions.” Says Home Depot (HD) founder Ken Langone: “Jack has a chance now to be more of a free spirit.”


Welch declined to be interviewed for this article but has no shortage of opportunities to speak. In the last few weeks, Welch held forth at the Shale Gas Insight conference in Philadelphia and the World Business Forum in New York. After North Carolina, he went to Peru and Ecuador for the 2012 Business Decision Makers Program. He most recently appeared in Toronto at the Art of Management gathering on Nov. 20, where a $ 799 “platinum pass” granted guests access to an “exclusive cocktail reception” with Welch. In between, he’s grilled executives during the biannual operating reviews he leads for private equity firm Clayton, Dubilier & Rice (CD&R), and he and Suzy have entertained friends including Langone in Florida, where Suzy is learning to play golf. “I think Jack doesn’t want to be pigeonholed as the guy who ran GE,” says Bob Nardelli, once a contender to replace Welch at GE who went on to run Home Depot and Chrysler. “He loves GE, but he wants his impact to be bigger, broader, and more global than that.”


74b64  feature welchgraphic48 202inline Jack Welchs UnretirementJack’s WorldPhotos: Welch: Spencer Heyfron/Redux; Others: Bloomberg (5); Getty Images (4); Michael Indresano


To better wield his influence, Welch has cultivated a large audience through Twitter (1.4 million followers); on television (CNBC, NBC (CMCSA), CNN (TWX), Fox (NWS)); on the editorial page of his friend Rupert Murdoch’s newspaper (the Wall Street Journal); on the speaker’s circuit, where he commands at least $ 150,000 for a Q&A (he doesn’t do speeches); and through other channels. Much of his energy is devoted to weighing in on whatever subject interests him—from presidential politics to the Boston Red Sox. A verbatim sampling: “Daughters home so I am watching Bachelor. What a stupid awkward show. Maybe age is my problem” (March 14, 2011); “Congratulations to Piers Morgan on new baby !!!!!!!!!!!!!!” (Nov. 26, 2011); and “Solar plus wind.….energy independence..,,”BAD ARITHMATIC” (Sept. 6).


“Your yield curve crests the day you retire,” says Steve Miles, a leadership consultant and founder of the Miles Group. “The further you get from the CEO job, the more provocative you have to be to get attention.”


Welch’s ongoing argument for his own relevance draws upon his legendary business reputation. He was born in Peabody, Mass., the only child of Irish immigrants, with a father who worked as a train conductor and a famously tough mother. After earning a Ph.D. in chemical engineering at the University of Illinois Urbana-Champaign, Welch joined GE’s plastics division in 1960. By the time he left 41 years later, he was credited with transforming the conglomerate into a lean and much more profitable company. At the peak of his influence, in 1999, Fortune named him “Manager of the Century.” That Welch’s methods could be crude and controversial—eliminating more than 100,000 jobs at GE, dumping waste into the Hudson River, and often keeping the financial operations of GE opaque—was mostly obscured by his ability to keep shareholders happy. Riding the bull market of the 1990s, he grew accustomed to worshipful press coverage. “CEOs were idolized,” says Bill George, a former CEO of Medtronic (MDT) who teaches at Harvard. “We were treated, frankly, as heroes, and Jack was right at the top of the list.”


The foundation for his next phase began before his departure from GE with a $ 10 million deal for his memoir, Jack: Straight from the Gut, one of the highest nonfiction advances ever. The book’s Sept. 11, 2001, publication had been planned as a sort of coronation to coincide with his retirement. After the terrorist attacks, sales didn’t meet expectations, although the book still became a bestseller. The month after its release, CD&R announced that Welch would be joining as a “special partner” to help analyze companies. Welch realizes that his role has changed. Donald Gogel, CEO of CD&R, recalls one company review Welch conducted that ended with the chief executive telling Welch that he’d go home and mull over his advice. Welch sat back in his chair and said: “ ‘What has become of me?’ ” according to Gogel. “ ‘I give all of my ideas, and people used to say, You’re right, Jack. And now they say, I’ll think about it?’  ”


Welch also obliged chief executives who wanted to bring him on as a consultant—a sort of CEO shrink. William Harrison, then the head of JPMorgan Chase, and Barry Diller, chairman of IAC/InterActive (IACI), signed up. “We call on him a lot,” Diller says. Bill Conaty, who served as GE’s head of human resources from 1993 until 2007 and is now an adviser with Welch at CD&R, says Welch never planned to retire in the conventional sense. “I know he hated the word ‘retirement.’ ”


Welch’s personal life underwent a complete transformation in October 2001, when Suzy Wetlaufer, the 42-year-old editor of the Harvard Business Review, came to his office to interview him. The encounter led to an affair, a scandal, a divorce, and a marriage. Welch’s split from Jane, his second wife, caused the public revelation of his lavish GE retirement contract. Chastened by the outcry, Welch offered to modify the contract to eliminate most of the continuing perks on the list, giving up free use of GE’s corporate jet and access to its Fenway Park skybox.


Welch’s new wife was photogenic and press savvy. It was Suzy, people close to the couple say, who pushed Welch to become more of a pop culture personality and embrace social media. The chairman emeritus of Corporate America was suddenly part of a celebrity partnership, Jack & Suzy. They moved into a townhouse in Boston’s Beacon Hill with Wetlaufer’s four children. “With his marriage to Suzy, he’s reinvented himself. Without her ignition, I don’t think he would be as productive,” says Warren Bennis, founding chairman of the Leadership Institute at the University of Southern California and a friend of Welch’s. “They’re co-leaders. She’s part of the energy behind that brand. Their relationship is a key to who he’s become.”


Their joint branding exercise included a book contract with HarperCollins to write Winning, a management guide, and a series of business advice columns, first for Businessweek from 2006 to 2009 and later for Reuters, which syndicated the series to Fortune. They were moves that seemed designed, in part, to bolster Suzy’s credentials, as she had to leave her Harvard Business Review job under a cloud after getting involved with her famous subject. The couple proved that not every brand spinoff is destined to succeed. In 2009 they tried their hand at reality TV. It’s Everybody’s Business with Jack & Suzy Welch was a takeoff on Donald Trump’s The Apprentice. Sponsored by Microsoft, the show featured the Welches doling out business advice to executives from a real company. An episode appeared on MSN.com and later on CNBC, but no more were produced.


Welch’s unretirement took another surprising turn when he was approached by Michael Clifford, an online education entrepreneur, with the idea of launching an Internet-based business school. Clifford was interested in taking the traditional business school model and creating something “more current,” as he put it, and “less controlled by academics who had never run a company.” The Welches invested $ 2 million alongside Clifford and others in the Jack Welch Management Institute, established as part of Chancellor University, a struggling for-profit college in Cleveland. Clifford describes Jack and Suzy as “totally focused and totally passionate” about the startup. “Suzy was the ball bearing that made it happen,” he says.


“Great day working on Jack Welch MBA curriculum + finalizing staffing,” Welch wrote on Twitter on June 30, 2009, as the school was preparing to launch. And then: “Blew out back today.” On July 5, 2009, Welch was admitted to New York-Presbyterian Hospital with discitis, a serious spinal infection that he attributed to the cortisone shot he’d taken for his back. He spent 92 days in the hospital, an ordeal that both he and his wife documented in real time. Once he was past the worst of it, Suzy tweeted: “That sound you hear is me exhaling for the first time in 22 days.”


Welch returned home diminished and frail. Despite the setback, the Jack Welch Management Institute opened in January 2010, one semester later than planned. In April that year, Bloomberg News reported that Chancellor and other for-profit colleges had been recruiting students from homeless shelters and registering them so they could obtain federal student loans, which formed the bulk of the schools’ revenue. Congressional hearings on the merits of for-profit higher education followed. Welch moved his institute to a larger, publicly traded for-profit college with a better reputation called Strayer University, in Herndon, Va. Strayer agreed to pay $ 7 million to Chancellor to buy the Jack Welch Management Institute, with 40 percent of the funds contributed by Welch. Strayer also entered a licensing agreement with Welch and agreed to pay him a royalty for use of the curriculum he and Suzy had designed. Welch’s name is a major selling point for the school, which targets midlevel executives willing to pony up $ 30,960 for 12 courses leading to an executive MBA. The institute has yet to turn a profit, but Welch has said he hopes it will one day produce more graduates than Harvard Business School. (Strayer declines to give specific numbers, but says several hundred are currently enrolled.) “Jack’s videos bring the curriculum to life,” reads the school’s promotional copy. “Additionally, all executive MBA and certificate students now have the opportunity to speak with Jack directly through a live video conference at the end of each term.”


In his video addresses, Welch riffs on topics of the day and applies them to the business world. In one featured spot, he discusses WikiLeaks: “As you go to business … err on the side of transparency internally,” he declares, “but make it clear to everybody who works in your unit that trade secrets are trade secrets!”


At the same time, the company where the Welch legend began has been suffering. The soaring GE stock price that turned Welch into a star has since fallen to $ 20, one-third its high in August 2000. GE Capital, the finance unit that Welch made an earnings powerhouse, had a near-death experience during the financial crisis and was forced to turn to Warren Buffett for a $ 3 billion bailout. GE’s uncanny ability to deliver steady earnings growth became less a sign of Welch’s genius than his knack for moving money around and drawing on a richly funded pension plan. Some of the most famous Welch management edicts—from cutting the bottom 10 percent of the workforce to being No. 1 or No. 2 in every business—turned out to be as elusive a practice within GE as in the rest of the world. To some, the so-called Welch Way didn’t just seem silly but wrong.


The analysis of Welch’s accomplishments splintered into two camps: his fans who still regard him as the business world’s General Patton—“His wisdom and his experience are second to none,” says former Campbell Soup (CPB) CEO Doug Conant—and those more critical of the imprint he left. “You can’t evaluate a CEO’s legacy in the time he was CEO. You have to look at what was laid at the successor’s feet,” says Thomas O’Boyle, author of At Any Cost: Jack Welch, General Electric, and the Pursuit of Profit. “And on that criteria, the market cap is less than half of what it was when he left. Doesn’t that somehow count toward the consideration of what he did while he was CEO?”


There’s no shortage of old CEOs with expertise, nor, for that matter, of old CEOs with books to flog and speaking agents. None, though, has managed to turn the revelation of his expertise into an event quite like Jack Welch has. When he plays his greatest management hits for audiences around the world—“Sense early, move fast, and energize your people!”—he’s doing more than cashing a check. He’s advancing the syllogism at the heart of his post-GE success: Jack Welch was a great manager; I want to be a great manager; if I listen to Jack Welch, I, too, will be a great manager.


True or not, it’s hard to argue with the crowds. Ten thousand Chinese manufacturing representatives came to see a man who doesn’t speak a word of Mandarin in September 2011. In 2013 he’s already booked in Atlanta, Finland, and China again. The Twitter incident doesn’t appear to have harmed his appeal; on the contrary, it’s gained him followers. “When he tweeted, that was almost more of a Donald Trump move,” says Gary Koops, a managing director of Burson-Marsteller, the global PR firm. “An entire generation of MBA students and aspiring leaders still want to hear from Jack Welch. What strikes me is that he’s still viewed as a significant figure that people pay attention to.”


That’s because he’s as much a professional personality now as he ever was a CEO—a profile he and Suzy are managing as deliberately as he ever did a GE earnings presentation. The irony is that the Chinese manufacturing students could study his every tweet, audit every Jack Welch Management Institute class, and trail Welch on the speaker’s circuit for all his remaining days without mastering the secret of his retirement act. That’s because it’s not replicable.


Businessweek.com — Top News



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Microsoft vs. Google trial over patents finishes up
















SEATTLE (Reuters) – A Google expert witness testified on Tuesday that Microsoft will make roughly $ 94 billion in revenue through 2017 from its Xbox game console and Surface tablet that use Google‘s patented wireless technology.


Michael Dansky, an expert for Google‘s Motorola Mobility unit, testified on the last day of a high stakes trial over patents between Microsoft and Google in Seattle. The $ 94 billion figure he cited also includes a wireless adapter that Microsoft no longer sells. It was not clear how far back he was counting past revenues.













Microsoft declined comment on the figure.


The week-long trial in a Seattle federal court examined how much of a royalty Microsoft Corp should pay Google Inc for a license to some of Motorola‘s patents. Google bought Motorola earlier this year for $ 12.5 billion, partly for its library of communications patents.


Motorola had sought up to $ 4 billion a year for its wireless and video patents, while Microsoft argues its rival deserves just over $ 1 million a year.


If U.S. District Judge James Robart decides Google deserves only a small royalty, then its Motorola patents would be a weaker bargaining chip for Google to negotiate licensing deals with rivals.


The rapid rise of smartphones has sparked an explosion of litigation between major players disputing ownership of the underlying technology and the design of handsets.


Apple Inc and Microsoft have been litigating in courts around the world against Google and partners like Samsung Electronics Co Ltd, which use the Android operating system on their mobile devices.


Apple contends that Android is basically a copy of its iOS smartphone software, and Microsoft holds patents that it contends cover a number of Android features.


In return, Motorola and some other Android hardware makers launched countering legal action.


Before trial, Robart said testimony about patent license agreements between Microsoft, Motorola and other tech companies could be disclosed to the public, along with other sensitive financial information.


However, the judge reversed himself this week and said he was bound by appellate precedent to keep that information secret. On Tuesday he cleared the courtroom and heard two hours of testimony in secret.


During the open session, Dansky said Motorola‘s video patents are crucial to Microsoft and other tech companies, and deserve a high royalty.


“You will have a difficult time selling smart phones or tablets,” Dansky said, without Motorola‘s technology.


Robart is not expected to release a ruling for several weeks as both companies must file further legal briefs.


The case in U.S. District Court, Western District of Washington is Microsoft Corp. vs. Motorola Inc., 10-cv-1823.


(Reporting by Lisa Dembiczak; Writing by Dan Levine; Editing by Richard Pullin)


Tech News Headlines – Yahoo! News



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Lindsay Lohan, Liz Taylor and pages of “what ifs” for TV’s “Liz & Dick”
















LOS ANGELES (Reuters) – Making a movie about Elizabeth Taylor takes courage. Casting wayward starlet Lindsay Lohan as the Hollywood screen legend was both daring and asking for trouble.


And indeed, trouble is what producers got during the shooting of Lifetime TV movie “Liz & Dick” – but they say the payoff made it all worthwhile.













“Let’s say that producing a movie with Lindsay Lohan is not for the faint of heart,” said executive producer Larry Thompson. “I turned 50 shades of white during production…But the risk was worth the rewards; the pain was worth the pleasure.”


“Liz & Dick,” which premieres on November 25, recounts the scandalous and tumultuous romance between Taylor and British actor Richard Burton in the 1960s and 70s. Lohan is one of the few people ever to have portrayed the diamond-loving, larger-than-life, two-time best actress Oscar winner on screen.


The idea was irresistible. Who better than Lohan, 26, a former child star herself, would know the pressures of having her every move scrutinized by the media, the allure of drink and drugs, and the thrills and risks of living life on the edge?


“I think Lindsay Lohan…literally knows no boundaries and that becomes dangerous and exciting. And she has the ability to bring to the screen and her performance that danger, that raw emotion,” Thompson told reporters ahead of the premiere.


“If you are going to make a movie about Taylor, you damn well want some great magic. And we felt that Lindsay Lohan could bring that.”


Some reviews for “Liz & Dick” have been savage. The Hollywood Reporter called Lohan “woeful as Taylor from start to finish” and the TV movie “an instant classic of unintentional hilarity.” Variety was kinder, calling Lohan “adequate” and the film “hammy” but “pretty good, all things considered.” Both noted casting Lohan was a sound publicity move.


Thompson however is proud of the 90-minute TV film. “I think people will see (New Zealand actor) Grant Bowler as Richard Burton just steals your heart, and Lindsay Lohan breaks it.”


PAGES OF ‘WHAT IFS’


After five years of legal troubles, numerous trips to jail, rehab, and courtrooms, the “Mean Girls” star was looking for a project that could re-establish the credentials that had once made her among the most promising young actresses in Hollywood.


But her past brought problems with insurance for the movie, shooting schedules and the personal setbacks Lohan faced during the making of the TV film earlier this year.


Thompson said the deal with Lohan included “pages and pages of ‘what if’ clauses. What if there is a car accident? What if there is a violation of probation and she would be incarcerated? She might be the most insured actress to ever walk on a soundstage.”


The clauses were needed. During shooting, Lohan was involved in a serious car crash in the California beach city of Santa Monica, and on a separate occasion she was rushed to the hospital suffering from what as described as “exhaustion and dehydration.”


And just as Taylor and Burton were hounded by (and sometimes courted) the media during their highly public extra-marital affair, Lohan and the production staff had the paparazzi to deal with.


“There were paparazzi following us around, hanging out of trees every day. And while we were making a movie about Elizabeth Taylor being followed by paparazzi, we had real paparazzi following our paparazzi following Elizabeth Taylor. So it was life imitating art, art imitating life,” said Thompson.


Thompson acknowledged that fans of Taylor, who died in 2011 at age 79 after eight marriages – two of them to Burton – will believe there is no actress who could possibly play her. Burton died in 1984 at the age of 58.


Yet Lifetime chose Lohan also in the hope she would bring a younger generation of her own fans to the movie.


“A lot of young people today think Liz Taylor is an old woman sitting in a wheelchair next to Michael Jackson, whereas our movie is about the young, vibrant, highest-paid movie star in the world at the height of her beauty and power,” Thompson said.


As for whether he would work again with Lohan despite the challenging shoot?


“Sure,” Thompson said.


(Reporting by Jill Serjeant; Editing by Christine Kearney and Lisa Shumaker)


Movies News Headlines – Yahoo! News



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Those TV Ads for High Cholesterol and Erectile Dysfunction Probably Aren’t Going Away
















It has been almost two decades since pharmaceutical manufacturers decided that they might have better luck promoting their products if they bypassed doctors and took their messages straight to consumers. And although the Food and Drug Administration is keeping a wary eye on direct-to-consumer advertising, the practice now appears solidly entrenched. The United States and New Zealand are the only two countries among developed nations that permit direct-to-consumer advertising.


Direct-to-consumer pharmaceutical advertising, or DTC, was never against the law. But pharmaceutical manufacturers began targeting consumers in the 1980s and, in 1999, the FDA clarified the rules on DTC advertising to better protect consumers. Since then, the practice has exploded. According to a 2011 report issued by the Congressional Budget Office, DTC advertising totaled $ 4.7 billion in 2008—about one-quarter of pharmaceutical manufacturers’ promotional budgets.













This year, the FDA launched two new studies on the impact of DTC drug ads and also issued new instructions to manufacturers on how it will review the content of drug ads. However, other attempts to reign in DTC ads, such as through legislation, haven’t progressed very far.


“I think there are a lot of people who want us to pull back from DTC advertising. They think it’s gotten out of hand,” Francis B. Palumbo, professor and executive director of the University of Maryland School of Pharmacy Center on Drugs & Public Policy, told TakePart. But, he adds: “It’s kind of woven into the fabric of American culture now. To pull it back would be very difficult. It’s a question of what would happen if you pulled the plug.”


Some studies suggest that DTC ads aren’t so bad. The ads can educate people, help them start a conversation with their doctors, and even prompt someone to see a doctor when they otherwise might not have. Information contained in the ads may improve patient compliance regarding instructions on how to take a particular drug and how to spot side effects.  


But the ads have generated considerable controversy. Doctor groups tend to dislike the practice, Palumbo says, because consumers demand prescriptions for certain medications they’ve heard about on TV. Sometimes, doctors say,  their patients would benefit more and save money by taking a different medication than the one advertised on television.


RELATED: Beware Rogue Online Pharmacies, FDA Says


“Patients put more pressure on their doctors to prescribe a particular drug when they see it on TV,” Palumbo says.


Other healthcare experts have questioned whether DTC leads to higher drug costs. And, because many DTC ads are for newly approved medications, some critics say the ads expose consumers to unnecessary risks. For example, the drug Vioxx was heavily advertised and sold to millions of people but was later taken off the market because of serious health risks linked to its use.


Certain classes of medications advertised to consumers have triggered considerable controversy, such as advertisements for drugs to treat depression, Palumbo says. While it may be helpful for consumers to know there are treatments for depression, drug companies have been criticized for pitching atypical antipsychotics, a newer class of drugs, for the treatment of depression. Many atypical antipsychotics are costly and carry harsh side effects. Typically, such medications are only prescribed when other treatment options have been exhausted.


RELATED: Americans Struggling to Pay for Prescription Drugs


According to the Congressional Budget Office report, pharmaceutical manufacturers only promote a small set of specific drugs using DTC. The CBO looked at 366 brand-name drugs that were promoted to doctors and other healthcare professionals from 1999 to 2008. Of those drugs, only 73 were advertised directly to consumers. Drug companies spent an average of $ 71 million per drug for a two-year period of DTC advertising.


The CBO found that the average number of prescriptions for newly approved brand-name drugs with DTC advertising was nine times greater than the average number of prescriptions written for newly approved brand-name drugs that weren’t advertised. But pharmaceutical companies are selective about which products are advertised to consumers. They tend to focus on medications for common conditions that affect large numbers of people, like high cholesterol or seasonal allergies.


“When pharmaceutical companies advertise directly to the consumer their sales go up,” Palumbo says. “That’s why they do it. They garner huge sales.”


RELATED: The Most Expensive Prescription Drugs in the U.S.


The FDA is watching the DTC scene carefully. Earlier this year, the agency launched a study examining the impact of “corrective” direct-to-consumer advertising. This is a type of ad that the agency demands of pharmaceutical manufacturers when the company’s initial ad features false or misleading information. One of the best-known examples of a corrective ad was for the birth control pill Yaz. The agency is looking at how corrective ads impact consumer misperceptions about the drug. In other words, do the corrective ads reverse the false impression?


Another FDA study, announced in August, will examine whether consumers understand ads for drugs that have “composite scores.” These are drugs that are advertised for multiple symptoms, such as an allergy drug touted for sneezing, runny nose, watery eyes and wheezing. Such drugs are given a single composite score (encompassing the effectiveness scores for each particular symptom) that shows how effective the drug is compared to another drug. But, the FDA states: “Because most DTC prescription drug ads do not explicitly state that they used composite scores” consumers may not understand the drug’s actual efficacy.


Also this year, the FDA informed pharmaceutical companies that it wants to review DTC ads for new drugs and drugs with new indication before they appear before the public to make sure the ads include all pertinent risk information. The agency will have 45 days to conduct the review


“FDA is under a lot of criticism for that,” Palumbo notes. “FDA is always under-resourced, and the question is whether FDA will get back to the manufacturer in a timely manner. The manufacturers are spending millions of dollars putting out these ads. They want to run them.”


Question: Should FDA tighten the reins on DTC drug ads? Tell us what you think in the comments.



Shari Roan is an award-winning health writer based in Southern California. She is the author of three books on health and science subjects.


Medications/Drugs News Headlines – Yahoo! News



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Downgraded France says it needs more time
















PARIS (AP) — France‘s government has shrugged off the latest downgrade of its credit rating, saying Tuesday that it just needs time for reforms to the sluggish economy to take root.


In a setback for President Francois Hollande‘s Socialist government, Moody’s Investors Service stripped Europe‘s No. 2 economy of it of its prized AAA credit rating late Monday on concerns that its rigid labor market and exposure to Europe’s financial crisis were threatening its prospects for economic growth.













This is the second ratings downgrade to have hit France this year: Standard & Poor’s agency lowered its score in January. The third leading agency, Fitch, still ranks France at AAA-rating but has had it on review for a downgrade since late last year.


But Finance Minister Pierre Moscovici insisted that France’s credibility remains strong and that the government‘s plan to reduce unemployment and restore growth would bear fruit.


France has come under scrutiny as its €2 trillion ($ 2.5 trillion) economy has stagnated, with many leading French companies laying off workers. Meanwhile Hollande has struggled to reassure economists that his attempts to revive the French economy will be successful.


Hollande’s government has laid out a series of deficit-reduction targets, vowing to bring it in line with European rules next year. It has also unveiled a plan to improve the competitiveness of its economy, by giving companies €20 billion ($ 25 billion) in tax rebates, reducing red tape for businesses, and providing small companies with extra support to compete abroad.


However, many economists say that the greatest threat to France’s economy is its stringent labor rules, which make firing difficult and expensive and thus deter hiring. The country has been losing global business for years to more dynamic economies like China‘s, while fighting unemployment of 10.8 percent and concerns about the future of the eurozone.


The French government is currently leading negotiations between businesses and unions in the hopes of reforming labor rules by the end of the year.


Moscovici pleaded for time Tuesday, saying the government was convinced it was on the right path but that its reforms just need to take effect.


“It takes time to reverse the flow of things. It takes courageous decisions, and that’s what we’re promising to do,” he told reporters.


To the ratings agencies, critics and investors, he said: “Judge us on our results.”


Trouble for France would mean wider trouble for Europe. France and Germany, which underpin the group of 17 European Union countries that use the euro, have taken the lead in finding solutions to Europe’s debt crisis. Any slip in France’s clout could endanger its ability to lead negotiations.


He also insisted that relations with Germany remained strong. There have been reports recently that Germany is concerned about the health of the French economy.


But German Finance Minister Wolfgang Schaeuble seemed unconcerned about the downgrade.


“We have received the news that, overnight, our most important partner got a little admonition from a rating agency,” Schaeuble said in the German Parliament. “The rating for France is still very stable, so that we avoid any dramatization.”


Moody’s itself said that the rating remains so high — now Aa1, just a notch below triple-A —because of the size of the French economy and the government’s commitment to make structural reforms. It kept the rating’s outlook at negative, meaning it could face future downgrades.


The downgrade, like S&P’s before it, appeared to be having a limited effect on France’s borrowing costs. The yield, or interest rate, on the benchmark 10-year bond was up 0.04 percentage points to 2 percent on Tuesday afternoon. Germany’s was up the same rate to 1.39 percent.


Moscovici said he expected the country to continue to be able to borrow at those historically low rates because of the seriousness of its reform package.


___


Geir Moulson in Berlin contributed to this report.


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U.S. fiscal impact of great concern to Canada: Canada’s Harper
















TORONTO (Reuters) – Any fiscal problems that would significantly slow the U.S. economy would be of great concern to Canada, Canadian Prime Minister Stephen Harper said on Monday.


The United States needed a credible medium-term fiscal plan, Harper said at a business forum in Ottawa, adding that he was following the U.S. fiscal debate with “great interest.”













(Reporting by Solarina Ho)


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N.Y. police officer says not guilty of plan to cook, eat women
















NEW YORK (Reuters) – A New York City police officer pleaded not guilty on Monday to conspiring to kidnap, torture, cook and eat women.


Gilberto Valle, 28, of Forest Hills, Queens, was charged and arrested in October with conspiring to cross state lines to kidnap the women and with illegally accessing a federal database.













Prosecutors said some of the women were acquaintances of Valle but it was not clear if he knew or had met all of them. Valle, who an official said had no prior criminal record, was not charged with carrying out any of his suspected plans.


At a brief hearing Monday in U.S. District Court in Manhattan, Valle’s attorney, Julia Gatto, told the judge she would again seek to have her client freed on bail after two other judges previously denied her request.


Investigators uncovered a file on Valle’s computer containing the names and pictures of at least 100 women, and the addresses and physical descriptions of some of them, according to the criminal complaint. It said he had undertaken surveillance of some of the women at their places of employment and their homes.


Gatto argues that Valle, a 6-1/2 year NYPD veteran, was all talk and should be released on bail.


The charges carry a maximum sentence of life in prison.


The case is U.S. v. Gilberto Valle, U.S. District Court for the Southern District of New York, No. 12-cr-847.


(Reporting by Basil Katz; Editing by Cynthia Osterman)


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Celtic sparkle catches rapper Snoop Dogg’s eye
















(Reuters) – U.S. rapper Snoop Dogg says he would be ready to splash his cash and invest in Scottish soccer champions Celtic.


The 41-year-old, who is as well known for his love of sport as he is his music and drugs busts, fell further in love with the Glasgow club after watching highlights of Celtic‘s heroic 2-1 victory over Barcelona in the Champions League this month.













“I got a lot of interest in soccer. It’s not a new thing for hip hop stars to invest in sports teams but it is a new thing for hip hop stars to invest in soccer teams,” Snoop Dogg was quoted as saying in the Scottish Daily Record newspaper on Sunday.


“I didn’t catch the whole Barcelona game but I watched the highlights. I know Barcelona are a big deal and it shows Celtic are a big deal as well.


“I see how passionate Celtic fans are about their team and I could see myself making an investment if any of the board wanted to sell.


“I haven’t really thought how much. I don’t need to run a soccer club but enough of a percentage to get me on the board so I can be heard.


“I want to bring a bit of Snoop to things.”


Former England captain David Beckham was consulted by Snoop, who said he had even thought about courting the Los Angeles Galaxy player for a stint at ‘the Hoops’.


Out of the current crop of Neil Lennon’s side, the rapper’s favorite player is Greece international Giorgios Samaras, whom he described as a “proper athlete” that could take modest Celtic far in Europe.


(Reporting by Mark Pangallo, editing by Mark Meadows)


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One in 20 youth has used steroids to bulk up: study
















NEW YORK (Reuters Health) – About five percent of middle and high school students have used anabolic steroids to put on muscle, according to a new study from Minnesota.


In addition to steroid use, more than one-third of boys and one-fifth of girls in the study said they had used protein powder or shakes to gain muscle mass, and between five and 10 percent used non-steroid muscle-enhancing substances, such as creatine.













Researchers said a more muscular body ideal in the media may be one factor driving teens to do anything possible to get toned, as well as pressure to perform in sports.


“Really the pressure to start using (steroids) is in high school,” said Dr. Linn Goldberg, from Oregon Health & Science University in Portland.


“You get the influence of older teens in high school, so when you’re a 14-year-old that comes in, you have 17-year-olds who are the seniors, and they can have great influence as you progress into the next stage of your athletic career.”


The new data came from close to 2,800 kids and teens at 20 different middle and high schools in the Minneapolis/St. Paul area. During the 2009-2010 school year, those students completed a survey on food and weight-related behaviors, including activities tied to muscle gain.


The majority of kids surveyed were poor or middle-class.


Almost all of them had engaged in at least one muscle-building activity in the past year, most often working out more to get stronger. But up to one-third of kids and teens used what the researchers deemed to be unhealthy means to gain muscle mass, including taking steroids and other muscle-building substances or overdoing it on protein shakes, dieting and weight-lifting.


Student-athletes were more likely than their peers to use most methods of muscle-building. Steroid use, however, was equally common among athletes and non-athletes.


According to findings published Monday in the journal Pediatrics, Asian students were three to four times more likely to have used steroids in the past year than white students. Most Asians in the study were Hmong, lead researcher Marla Eisenberg from the University of Minnesota in Minneapolis and her colleagues noted.


Their study shows higher adolescent use of steroids and other muscle-boosting substances than most other recent research and “is cause for concern,” according to the researchers. But it’s not clear whether the findings would apply to an area outside of the Twin Cities, or among wealthier students, they noted.


ROID RAGE?


Anabolic steroids are synthetic versions of testosterone, the male sex hormone. Steroids are prescribed legally to treat conditions involving hormone deficiency or muscle loss, but when they’re used for non-medical purposes, it’s typically at much higher doses, according to the National Institute on Drug Abuse.


In those cases, steroids can cause mood swings – sometimes known as roid rage – and for adolescents, stunted growth and accelerated puberty.


Anabolic steroids have become pervasive in professional sports, including baseball, football and boxing. (Another example of performance-enhancing drug use is “blood doping” with erythropoietin or EPO, which is behind the Lance Armstrong cycling controversy that caused him to be stripped of his Tour de France titles last month.)


Experts have worried that the drive to get ahead of competitors at any cost could trickle down to college and high school athletes, as well.


Goldberg, co-developer of the ATLAS and ATHENA programs to prevent steroid and other substance use on high school teams, said it’s important to give teens healthier alternatives to build muscle.


“I would stay away from all supplements, because you don’t know what’s in them,” Goldberg, who wasn’t involved in the new study, told Reuters Health.


“What’s important is to teach kids how to eat correctly,” he said. Goldberg said getting enough protein through food, eating breakfast and avoiding muscle toxins like alcohol and marijuana can all help young athletes get stronger without shakes or supplements.


Eisenberg’s team did not find clustering of steroid use and other muscle-enhancing behaviors within particular schools.


“Rather than being driven by a particular school sports team coach or other features of a school’s social landscape, this diffusion suggests that muscle-enhancing behaviors are widespread and influenced by factors beyond school, likely encompassing social and cultural variables such as media messages and social norms of behavior more broadly,” the researchers wrote.


SOURCE: http://bit.ly/jsoh2P Pediatrics, online November 19, 2012.


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