Critics seek to delay NYC sugary drinks size limit


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


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


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


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


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


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


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


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


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


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


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


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


___


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


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Asian shares drop on euro zone worry, soft U.S. data

TOKYO (Reuters) - Asian shares slid on Tuesday as investors saw opportunities to cash in from recent strong rallies in the face of weak U.S. data and worries that a potential political shake-up could disrupt the eurozone's efforts to resolve its debt crisis.


The MSCI's broadest index of Asia-Pacific shares outside Japan <.miapj0000pus> tumbled 0.8 percent, dragged lower by a steep 1.8 percent fall in Hong Kong shares <.hsi>.


The euro took the brunt of renewed focus on the euro zone problems, having risen 2.3 percent so far this year against the U.S. dollar, up about 5.4 percent against sterling and 1.8 percent higher against the Australian dollar.


The euro eased 0.1 percent to $1.3496, retreating further from Friday's 14-1/2-month peak of $1.3711, ahead of the European Central Bank's policy meeting on Thursday.


The euro's fall helped euro/crosses recover, underpinning such currencies as the Australian dollar against the U.S. unit.


Aussie eased 0.1 percent to $1.0423 after the Reserve Bank of Australia kept its cash rate steady at 3.0 percent, as expected, having just cut in December.


Spain's opposition party on Sunday called for Prime Minister Mariano Rajoy to resign over a corruption scandal, an allegation Rajoy denies, pushing Spanish 10-year bond yields to six-week highs.


In Italy, 10-year Italian government bond yields hit their highest since late December, as chances of former prime minister Silvio Berlusconi regaining power raised worries about Rome's ability to fix its fiscal problems.


"Markets have been increasingly comfortable with European risks over the past few months and are largely not positioned for this increase in political problems. The outcomes in Spain and Italy are far from certain and may represent stumbling blocks for further expansion in risk appetite," Barclays Capital said in a research note.


The yen took a breather, firming from lows against a broad range of currencies.


The dollar was down slightly at 92.31 yen after scaling its highest since May 2010 of 93.185 on Monday, while the euro eased 0.1 percent to 124.61 yen, off its loftiest since April 2010 of 126.97 hit on Friday.


"Markets are broadly undergoing a correction and the euro is definitely facing profit-taking, given the pace of its climb. Worries about the euro zone debt crisis always remain a downside risk for the euro, and could push it lower to $1.32-$1.33," said Hiroshi Maeba, head of FX trading Japan at UBS in Tokyo. "But the trend is still upward for dollar/yen, cross/yen. The dollar could reach 95 yen by the end of the month."


As long as markets hold out expectations for the Bank of Japan to implement aggressive monetary easing to beat decades of deflation in Japan, the yen will stay pressured. Any correction to the dollar's rise against the yen was also be seen as shallow, with many traders and analysts seeing a firm floor around 87-88 yen.


Relatively positive data from China on Tuesday failed to change the bearish mood, weighed down by a fall in overnight U.S. equities, which have rallied 6 percent so far this year, on discouraging U.S. factory orders and euro zone jitters.


The HSBC services purchasing managers' index rose to a four-month high of 54 in January from December's 51.7, underlining confidence in the world's second-biggest economy, which is expected to grow 8.1 percent this year, off a 13-year low of 7.8 percent hit in 2012.


"The data globally is unquestionably better but the recovery still seems gradual. (China) hit the bottom and they had a bit of a bounce but nothing much else happened. We don't really seem to have preconditions for a much stronger bounce than that (8 percent growth)," said Richard Yetsenga, Head of Global Markets at ANZ Research.


Japan's benchmark Nikkei stock average <.n225> fell 1.3 percent, after scaling a 33-month high on Monday. <.t/>


U.S. stocks slid on Monday, leaving the Standard & Poor's 500 Index <.spx> at its worst day since November after the index rose just 60-odd points away from its all-time intraday high of 1,576.09 on Friday.


(Editing by Eric Meijer)



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Kerry Pledges to Protect Diplomats on 1st Day at State Dept.


Michael Reynolds/European Pressphoto Agency


Secretary of State John Kerry, center, greeted hundreds of State Department employees in Washington on Monday.







WASHINGTON — In his first day at the office as secretary of state on Monday, John Kerry sought to send the message that he had an affinity for the nation’s diplomats and would look after their security.




“Exhilarating to walk into @StateDept today,” Mr. Kerry, who is the son of a diplomat, posted on Twitter. “Dad on mind! JK.”


Speaking to the hundreds of staff members who greeted him in the State Department lobby, Mr. Kerry recalled Ambassador J. Christopher Stevens and the three other Americans who died in the Sept. 11, 2012, attack on the diplomatic compound in Benghazi, Libya.


“Everything I do will be focused on the security and safety of our people,” said Mr. Kerry.


To underscore that point, Mr. Kerry later in the day took a short drive across the Potomac River to visit the State Department’s Bureau of Diplomatic Security in Rosslyn, Va.


In his confirmation hearing on Jan. 24, Mr. Kerry suggested that he planned to make a diplomatic push on Israeli-Palestinian issues, an area that has not received sustained high-level attention by the Obama administration since a failed effort to broker talks between the two sides in 2010.


That has led to speculation that Mr. Kerry’s first overseas trip may be to the Middle East. Even before arriving for work on Monday, he made a round of calls to Israeli and Palestinian leaders.


On Sunday, Mr. Kerry spoke with the Israeli prime minister, Benjamin Netanyahu, whom he praised for releasing frozen tax revenues to the Palestinian Authority, and on Saturday with Israel’s president, Shimon Peres.


He also spoke with Mahmoud Abbas, the president of the Palestinian Authority, and indicated that he would press Congress to provide almost $500 million in assistance to the authority.


A spokesman for Mr. Abbas, Nabil Abu Rudeineh, told reporters that Mr. Kerry had promised to visit the Middle East “to preserve the political path,” though no date for the trip was announced.


In other Sunday calls, Mr. Kerry spoke to the foreign ministers from Japan and South Korea. On Monday, he continued the calls, which have included the foreign ministers of Britain, France, Germany, Turkey, Mexico and Canada. Mr. Kerry, who is an avid user of Twitter, posted a photo of himself on the phone with William Hague, the British foreign secretary.


Much of Mr. Kerry’s day, however, was spent reaching out to the American diplomats he has been eager to lead.


Mr. Kerry has brought his own press adviser to the State Department, Glen Johnson, a former reporter for the Boston Globe who has covered Mr. Kerry and Massachusetts politics for years. But there were also indications that some top-level senior State Department officials who had worked with Hillary Rodham Clinton would stay on.


Mr. Kerry’s effort at outreach extended to members of a youth orchestra from Afghanistan as well. After hearing the orchestra was playing in a State Department auditorium, Mr. Kerry showed up at the event and volunteered that he had played guitar as a teenager in a rock band called the Electras.


During his morning in the State Department lobby, Mr. Kerry reached even further back in his past, brandishing the diplomatic passport that he had been given when he was 11 years old and that he used when his father was assigned to post-World War II Germany. The young Mr. Kerry used to bicycle around Berlin and once used his passport to cross into the Russian sector.


“When my dad learned what I had done he was not enthralled,” Mr. Kerry recalled, prompting a wave of laughter in the audience. “I was told I could’ve been an international incident. He could’ve lost his job. And my passport, this very passport, was promptly yanked, and I was summarily grounded. Anyway, lessons learned.”


This article has been revised to reflect the following correction:

Correction: February 4, 2013

An earlier version of this article misstated the day on which John Kerry called Shimon Peres, Israel’s president. It was on Saturday, not on Sunday.



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Jillian Michaels: My Son Phoenix Is 'Fiery' Like Me




Celebrity Baby Blog





02/04/2013 at 03:00 PM ET



Jillian Michaels Biggest Loser TCAs
Gregg DeGuire/WireImage


Jillian Michaels‘ son Phoenix is already taking after his mama — just not the right one!


Although The Biggest Loser trainer expected her baby boy to inherit her partner’s laidback approach to life — Heidi Rhoades delivered their son in May — the 8-month-old’s budding personality is the polar opposite.


“He wants to walk and he gets really pissed about it when he can’t. He gets frustrated,” Michaels, 38, told PEOPLE at the recent TCAs.


“He’s a fiery little sucker, he’s just like me. I’m like, ‘You were supposed to be like Heidi!’ But he’s not. It’s not good, not good.”

Admitting she is “terrified for when he’s a teenager,” Michaels has good reason to be: Recently she spotted her son — who is “crawling aggressively” — putting his electrician skills to the test in the family room.


“He’s into everything, which is kind of a nightmare to be totally honest,” she says. “We have an outlet in the floor in the living room and I caught him eating the outlet on the floor … I was like, ‘Mother of God!’”


Phoenix’s big sister Lukensia, 3, has also been busy keeping her mamas on their toes. “Lu just had her first ski trip and she had a little crush on her teacher, Ollie,” Michaels shares.


“At first I was like, ‘Oh my God, we’re letting our baby go!’ The second day we took her she ran right to him — loves Ollie.”


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');var targetVideoWidth = 300;brightcove.createExperiences();/* iPhone, iPad, iPod */if ((navigator.userAgent.match('iPhone')) || (navigator.userAgent.match('iPad')) || (navigator.userAgent.match('iPod')) || (location.search.indexOf('ipad=true') > -1)) { document.write('
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Bullying study: It does get better for gay teens


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


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


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


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


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


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


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


The study appears online Monday in the journal Pediatrics.


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


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


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


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


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


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


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


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


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


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


___


Online:


Pediatrics: http://www.pediatrics.org


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


___


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


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Asian shares advance after U.S. jobs, ISM

TOKYO (Reuters) - Asian shares advanced on Monday, drawing momentum from U.S. data showing some promise of a credible recovery, supported by Federal Reserve's easing plans and solid manufacturing data from Europe and China.


The yen took a break from heavy selling against the U.S. dollar and the euro, but fell to its lowest since August 2008 against the Australian and New Zealand dollars early on Monday on confidence of bold monetary support from the Bank of Japan to overcome the country's stubborn deflation.


The MSCI's broadest index of Asia-Pacific shares outside Japan <.miapj0000pus> rose 0.6 percent after posting a weekly gain of 0.7 percent.


"Asian shares are likely to take the cues from the rise in U.S. equities and prices of risk assets are generally expected to face upward pressures," said Naohiro Niimura, a partner at research and consulting firm Market Risk Advisory.


The Dow Jones industrial average <.dji> rose to 14,000 for the first time since October 2007 and the Standard & Poor's 500 Index <.spx> hit its highest point since December of that year.


U.S. data showed on Friday payrolls rose by 157,000 last month, with upward revisions for November and December, while the Institute for Supply Management said its index of national factory activity rose to its highest since April.


China followed with positive news over the weekend, saying growth in its official purchasing managers' index (PMI) for the non-manufacturing sector ticked up in January for the fourth straight monthly rise, confirming the world's second-largest economy was showing a modest recovery.


Resources-reliant Australian shares <.axjo> steadied after jumping 0.9 percent to a 21-month high on Friday. Positive economic news from China, Australia's largest export destination, usually boosts Australian investor sentiment.


South Korean shares <.ks11> were up 0.3 percent while Hong Kong shares <.hsi> added 0.7 percent.


NIKKEI MAY BE PEAKING


Japan's benchmark Nikkei stock average <.n225> rose 0.5 percent after climbing to a fresh 33-month high earlier as the yen declined. The index logged its 12th straight week of increases last week, the longest run of weekly gains since 1959. <.t/>


Nikkei has been moving in tandem with the yen's two-month-long losing streak with investors eyeing the change in the BOJ's top personnel in April for clues on the degree of the bank's reflationary policy.


"The Nikkei may be nearing its peak for now as we may get a specific name of the most likely candidate for the next BOJ governor soon. That may provide an opportunity to close long dollar/yen positions, while a firming yen will then likely spur investors to book profits on Japanese stocks," said Tetsuro Ii, the chief executive of Commons Asset Management.


The dollar eased 0.1 percent to 92.72 yen after scaling its highest since May 2010 of 92.97 on Friday, while the euro fell 0.3 percent to 126.32 yen, still near its loftiest since April 2010 of 126.97 touched on Friday.


In early Monday trade, the yen plunged to its lowest since August 2008 against both the Australian dollar, at 96.78 yen, and against the New Zealand dollar at 78.74 yen.


The euro inched down 0.1 percent to $1.3624, off Friday's 14-1/2-month peak of $1.3711 hit after data showed euro zone factories had their best month in January in nearly a year.


On Friday, the dollar index measured against a basket of key currencies fell to a 4-1/2-month low of 78.918 <.dxy>. The index was up 0.2 percent on Monday.


As economic optimism rose and concerns about the euro zone's debt difficulties eased, investors took on more risk.


Research provider TrimTabs Investment Research said on Saturday investors poured a record $77.4 billion in new cash into stock mutual funds and exchange-traded funds in January, surpassing the previous monthly record of $53.7 billion in February 2000.


In the oil market, tension across the Middle East put Brent crude on track to its biggest weekly gain since mid-November, and U.S. crude rose for an eighth straight week, although it eased 0.2 percent to $97.56 a barrel on Monday.


With the rise in equities on recovering appetite for riskier assets, safe-haven appeal waned, pushing up yields of U.S. Treasury bonds. The U.S. 10-year Treasury yield hit a nine-month high of 2.052 percent in Asia on Monday.


A weekly gauge of sentiment in the Japanese government bond market deteriorated sharply, remaining in negative territory for a fifth straight week as rising global appetite for risk sapped demand for bonds, the latest Reuters poll showed on Monday.


(Editing by Eric Meijer)



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India Approves Tougher Rape Laws





NEW DELHI — India’s government on Sunday approved tough new laws to deter sexual violence against women, including the death penalty in certain rape cases, as leaders moved to respond to public outrage over a recent gang rape case in the national capital.




The new package of laws, signed on Sunday by President Pranab Mukherjee after earlier approval by the cabinet, amends India’s penal code and, for the first time, will apply the death penalty to rape cases in which the victim dies. The new measures also made crimes such as voyeurism, stalking, acid attacks and the trafficking of women as punishable under criminal law.


India’s coalition national government has been criticized for its clumsy handling of the protests that erupted after the brutal Dec. 16 gang rape of a young woman, who later died. The new ordinance takes effect immediately, though it must be approved by India’s Parliament within six months.


Reaction has been mixed. Even as some legal advocates praised the changes as overdue, leaders of different women’s groups on Saturday held a news conference appealing to the president not to sign the measure, which they considered incomplete.


“This is a piecemeal and fragmented ordinance, which seems to be more of an exercise to make an impact,” said Kirti Singh, a lawyer who specializes in women’s issues. “After 20 years of not doing anything, they seem to be in a tremendous hurry to do something or the other to appease public sentiment.”


Last month, a special three-member committee led by a former Supreme Court chief justice, J. S. Verma, completed a far-reaching report that urged the government to act on a broad range of measures, including changes to criminal penalties, but also placing an emphasis on education and a holistic solution.


While the new measures followed some of the recommendations by the Verma committee, others were ignored, including the panel’s call for criminal penalties in cases of marital rape, as well as the prosecution of military personnel who commit sexual assaults. In addition, the Verma committee pointedly rejected the death penalty in cases of rape.


India’s cabinet approved the new measures on Friday, as leaders spoke about their desire to send a signal to the public after the New Delhi rape case. Included in the changes were provisions to improve police investigations of sex crimes, such as requiring the presence of female officers to help interview rape victims.


The new provisions include varying degrees of punishment, ranging from a minimum of seven years in prison to the death penalty, in those cases where the victim dies or is left in a vegetative state. Many advocates, while welcoming some of the changes, objected to the introduction of the death penalty.


“Every country is moving toward the elimination of death penalty, and India is strengthening the legislation for the death penalty,” said Kavita Srivastava, the national secretary for the People’s Union for Civil Liberties. “Here we are still looking for an eye for an eye framework.”


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Xbox Hoax Leads Armed Cops to Family






Members of a Florida family were shocked to be awakened in the middle of the night to find their house surrounded by police with guns drawn shouting at them to put their hands up.


Police Lt. Mike Beavers said the commotion was “very rare” for the small town of Oviedo, about 20 miles northeast of Orlando.






“This is the first time I’ve heard of it happening in our little town,” Beavers told ABCNews.com.


The frightened family did not want to be identified but recounted the ordeal to ABC News’ Orlando affiliate WFTV.


“I heard the doorbell ring,” the father of two told WFTV. “We couldn’t see anybody at the front of the door. All we saw was the rifle barrel.”


The man said he and his wife originally believed they were being robbed.


“They have rifles, they have guns, and I said, ‘Let’s get out of the house,’ so we ran down the hallway and got our two boys up,” the father said.


“We were told to freeze and put our hands over our heads,” he recalled. “They said, ‘We’re the police,’ so that was a big relief.”


What the family didn’t realize was that an Xbox hoax had led the Oviedo police to its house. The police said they were responding to a call from AT&T saying it had received online messages from a person who said he was hiding inside the house, claiming that someone had been killed there and that others were being held hostage.


But when police arrived, all they found was a very surprised and confused family.


Upon investigation, police learned that the confusion all started when an Oviedo teenager living in another house called police saying his Xbox had been hacked.


The teenager said the hackers had threatened to call in bomb threats to his home if he did not meet their demands for gaming information.


When the teenager refused, the hackers sent fake messages reporting the killing and hostage taking at the teenager’s former home. His previous address, where police showed up, was still connected to his Xbox.


The teenager did some of his own investigating, police said, and provided authorities with some possible identifying information on the hackers.


“The caller gave information to officers regarding two possible suspects, including IP addresses, Twitter and Facebook accounts and a possible name of one of the suspects,” according to the police report. “The information provided to the officers revealed that both suspects were located in different states.”


The information has been turned over to Oviedo detectives for further investigation.


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







Style News Now





02/03/2013 at 09:06 PM ET













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


To strut out onstage during ‘Crazy In Love,’ the star wore an uncharacteristically demure belted lamé mini with wide lapels, but she quickly tore it away to reveal a leather bodysuit with a black lace skirt worn over her signature fishnets. She completed the look with thigh-highs and sexy black booties.


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




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

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

–Alex Apatoff

PHOTOS: VOTE ON MORE STAR STYLE HERE!




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New rules aim to get rid of junk foods in schools


WASHINGTON (AP) — Most candy, high-calorie drinks and greasy meals could soon be on a food blacklist in the nation's schools.


For the first time, the government is proposing broad new standards to make sure all foods sold in schools are more healthful.


Under the new rules the Agriculture Department proposed Friday, foods like fatty chips, snack cakes, nachos and mozzarella sticks would be taken out of lunch lines and vending machines. In their place would be foods like baked chips, trail mix, diet sodas, lower-calorie sports drinks and low-fat hamburgers.


The rules, required under a child nutrition law passed by Congress in 2010, are part of the government's effort to combat childhood obesity. While many schools already have improved their lunch menus and vending machine choices, others still are selling high-fat, high-calorie foods.


Under the proposal, the Agriculture Department would set fat, calorie, sugar and sodium limits on almost all foods sold in schools. Current standards already regulate the nutritional content of school breakfasts and lunches that are subsidized by the federal government, but most lunchrooms also have "a la carte" lines that sell other foods. Food sold through vending machines and in other ways outside the lunchroom has never before been federally regulated.


"Parents and teachers work hard to instill healthy eating habits in our kids, and these efforts should be supported when kids walk through the schoolhouse door," Agriculture Secretary Tom Vilsack said.


Most snacks sold in school would have to have less than 200 calories. Elementary and middle schools could sell only water, low-fat milk or 100 percent fruit or vegetable juice. High schools could sell some sports drinks, diet sodas and iced teas, but the calories would be limited. Drinks would be limited to 12-ounce portions in middle schools and to 8-ounce portions in elementary schools.


The standards will cover vending machines, the "a la carte" lunch lines, snack bars and any other foods regularly sold around school. They would not apply to in-school fundraisers or bake sales, though states have the power to regulate them. The new guidelines also would not apply to after-school concessions at school games or theater events, goodies brought from home for classroom celebrations, or anything students bring for their own personal consumption.


The new rules are the latest in a long list of changes designed to make foods served in schools more healthful and accessible. Nutritional guidelines for the subsidized lunches were revised last year and put in place last fall. The 2010 child nutrition law also provided more money for schools to serve free and reduced-cost lunches and required more meals to be served to hungry kids.


Sen. Tom Harkin, D-Iowa, has been working for two decades to take junk foods out of schools. He calls the availability of unhealthful foods around campus a "loophole" that undermines the taxpayer money that helps pay for the healthier subsidized lunches.


"USDA's proposed nutrition standards are a critical step in closing that loophole and in ensuring that our schools are places that nurture not just the minds of American children but their bodies as well," Harkin said.


Last year's rules faced criticism from some conservatives, including some Republicans in Congress, who said the government shouldn't be telling kids what to eat. Mindful of that backlash, the Agriculture Department exempted in-school fundraisers from federal regulation and proposed different options for some parts of the rule, including the calorie limits for drinks in high schools, which would be limited to either 60 calories or 75 calories in a 12-ounce portion.


The department also has shown a willingness to work with schools to resolve complaints that some new requirements are hard to meet. Last year, for example, the government relaxed some limits on meats and grains in subsidized lunches after school nutritionists said they weren't working.


Schools, the food industry, interest groups and other critics or supporters of the new proposal will have 60 days to comment and suggest changes. A final rule could be in place as soon as the 2014 school year.


Margo Wootan, a nutrition lobbyist for the Center for Science in the Public Interest, said surveys by her organization show that most parents want changes in the lunchroom.


"Parents aren't going to have to worry that kids are using their lunch money to buy candy bars and a Gatorade instead of a healthy school lunch," she said.


The food industry has been onboard with many of the changes, and several companies worked with Congress on the child nutrition law two years ago. Major beverage companies have already agreed to take the most caloric sodas out of schools. But those same companies, including Coca-Cola and PepsiCo, also sell many of the non-soda options, like sports drinks, and have lobbied to keep them in vending machines.


A spokeswoman for the American Beverage Association, which represents the soda companies, says they already have greatly reduced the number of calories that kids are consuming at school by pulling out the high-calorie sodas.


___


Follow Mary Clare Jalonick on Twitter at http://twitter.com/mcjalonick


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