Lace 'Em Up: 4 Running Shoes Reviewed

Hitting the streets to get fit by spring? We review four new specialty sneakers for runners.





Adidas' Adizero Feather 2.0 runners are so light (barely 7 ounces) and so responsive, running in them feels more like bouncing on fluffy clouds than pounding on pavement. OK, I'm exaggerating, but I was really blown away by the light weight when I took them out on long-distance runs. So effective was the feather-weight design on a 5-mile outing, I could actually notice the reduced effort in my legs.



The shoe is topped with a barely-there breathable mesh that runs from the toes all the way back to the heel. Ventilation is therefore excellent, with a constant flow of cool air delivered directly to your piggies. And, unlike most shoes that make use of fancy, lightweight materials, they're actually quite sturdy.



These sneaks are compatible with Adidas' miCoach data reporting system and its companion apps. So if you already have a miCoach Speed_Cell sensor, just lift up the shoe's insert and pop it in (You can also attach the sensor to your laces). The sensor can be synced with your iPhone to track your speed, acceleration, distance, and pace during runs.



The only problem is that the miCoach system needs some work, including the inconsistent syncing and the iPhone app's interface. If you're used to the Nike+ app, you'll be struggling to work your way through using Adidas' lesser creation. That said, it's an add-on to the shoe and not a primary feature, so miCoach's shortcomings don't detract from the sneaker's quality.



WIRED Obscenely light at only 7 ounces. Flexible mesh upper keeps your tootsies cool and dry. Durable, despite the lightweight design. miCoach-compatible for tracking your runs. Great styling. Affordable at $115. Men's and women's versions.



TIRED If you're not into light shoes, these aren't for you. The miCoach system needs a lot of work -- it's adequate, but could be so much better.



Photos by Ariel Zambelich/Wired

Rating: 8 out of 10


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Stone Roses, Blur, Phoenix headline Coachella 2013 music fest






(Reuters) – British rockers Blur and The Stone Roses will be joining French indie-rock band Phoenix and Red Hot Chili Peppers to headline this year’s three-day Coachella Valley Music and Arts Festival, organizers said on Thursday.


The annual music festival, set for two consecutive weekends in April, has become one of the largest U.S. music festivals, attracting more than 80,000 people to the desert town of Indio, California.






After featuring electronic music DJs such as Tiesto, Swedish House Mafia, Afrojack and David Guetta among the top-billed acts last year, this year’s Coachella sees the music festival return to its rock roots.


The festival will take place on the weekends of April 12-14 and 19-21, with the same line-up both weekends.


Blur and The Stone Roses, who recently reunited after a long hiatus, will headline Friday. Phoenix, which has a new album coming out this spring, will take Saturday’s primetime spot.


Los Angeles rockers Red Hot Chili Peppers, who previously headlined the festival in 2003 and 2007, will close out the festival in the Sunday headlining slot.


Other anticipated names on the line-up this year include hip hop collective Wu-Tang Clan, Icelandic indie band Sigur Ros, Grammy nominees The Lumineers and electro-rock music group The Postal Service.


Previous years have seen acts such as Prince, Kings of Leon, Beastie Boys, Madonna, Muse, Pixies, Jay-Z and Kanye West take the headlining slots.


Last year, hip hop veterans Snoop Dogg and Dr. Dre grabbed headlines as they resurrected late rapper Tupac via hologram on stage for the closing night of the festival.


Ticket prices start at $ 349 and they will go on sale on January 29 at 10 a.m. PST (1800 GMT). This year, organizers said there will be no layaway option for those wishing to pay for their tickets in installments.


(Reporting by Piya Sinha-Roy; Editing by Elaine Lies and Lisa Shumaker)


Music News Headlines – Yahoo! News





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Well: Ask Well: Squats for Aging Knees

You are already doing many things right, in terms of taking care of your aging knees. In particular, it sounds as if you are keeping your weight under control. Carrying extra pounds undoubtedly strains knees and contributes to pain and eventually arthritis.

You mention weight training, too, which is also valuable. Sturdy leg muscles, particularly those at the front and back of the thighs, stabilize the knee, says Joseph Hart, an assistant professor of kinesiology and certified athletic trainer at the University of Virginia, who often works with patients with knee pain.

An easy exercise to target those muscles is the squat. Although many of us have heard that squats harm knees, the exercise is actually “quite good for the knees, if you do the squats correctly,” Dr. Hart says. Simply stand with your legs shoulder-width apart and bend your legs until your thighs are almost, but not completely, parallel to the ground. Keep your upper body straight. Don’t bend forward, he says, since that movement can strain the knees. Try to complete 20 squats, using no weight at first. When that becomes easy, Dr. Hart suggests, hold a barbell with weights attached. Or simply clutch a full milk carton, which is my cheapskate’s squats routine.

Straight leg lifts are also useful for knee health. Sit on the floor with your back straight and one leg extended and the other bent toward your chest. In this position, lift the straight leg slightly off the ground and hold for 10 seconds. Repeat 10 to 20 times and then switch legs.

You can also find other exercises that target the knees in this video, “Increasing Knee Stability.”

Of course, before starting any exercise program, consult a physician, especially, Dr. Hart says, if your knees often ache, feel stiff or emit a strange, clicking noise, which could be symptoms of arthritis.

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Unboxed: Literary History, Seen Through Big Data’s Lens





ANY list of the leading novelists of the 19th century, writing in English, would almost surely include Charles Dickens, Thomas Hardy, Herman Melville, Nathaniel Hawthorne and Mark Twain.




But they do not appear at the top of a list of the most influential writers of their time. Instead, a recent study has found, Jane Austen, author of “Pride and Prejudice, “ and Sir Walter Scott, the creator of “Ivanhoe,” had the greatest effect on other authors, in terms of writing style and themes.


These two were “the literary equivalent of Homo erectus, or, if you prefer, Adam and Eve,” Matthew L. Jockers wrote in research published last year. He based his conclusion on an analysis of 3,592 works published from 1780 to 1900. It was a lot of digging, and a computer did it.


The study, which involved statistical parsing and aggregation of thousands of novels, made other striking observations. For example, Austen’s works cluster tightly together in style and theme, while those of George Eliot (a k a Mary Ann Evans) range more broadly, and more closely resemble the patterns of male writers. Using similar criteria, Harriet Beecher Stowe was 20 years ahead of her time, said Mr. Jockers, whose research will soon be published in a book, “Macroanalysis: Digital Methods and Literary History” (University of Illinois Press).


These findings are hardly the last word. At this stage, this kind of digital analysis is mostly an intriguing sign that Big Data technology is steadily pushing beyond the Internet industry and scientific research into seemingly foreign fields like the social sciences and the humanities. The new tools of discovery provide a fresh look at culture, much as the microscope gave us a closer look at the subtleties of life and the telescope opened the way to faraway galaxies.


“Traditionally, literary history was done by studying a relative handful of texts,” says Mr. Jockers, an assistant professor of English and a researcher at the Center for Digital Research in the Humanities at the University of Nebraska. “What this technology does is let you see the big picture — the context in which a writer worked — on a scale we’ve never seen before.”


Mr. Jockers, 46, personifies the digital advance in the humanities. He received a Ph.D. in English literature from Southern Illinois University, but was also fascinated by computing and became a self-taught programmer. Before he moved to the University of Nebraska last year, he spent more than a decade at Stanford, where he was a founder of the Stanford Literary Lab, which is dedicated to the digital exploration of books.


Today, Mr. Jockers describes the tools of his trade in terms familiar to an Internet software engineer — algorithms that use machine learning and network analysis techniques. His mathematical models are tailored to identify word patterns and thematic elements in written text. The number and strength of links among novels determine influence, much the way Google ranks Web sites.


It is this ability to collect, measure and analyze data for meaningful insights that is the promise of Big Data technology. In the humanities and social sciences, the flood of new data comes from many sources including books scanned into digital form, Web sites, blog posts and social network communications.


Data-centric specialties are growing fast, giving rise to a new vocabulary. In political science, this quantitative analysis is called political methodology. In history, there is cliometrics, which applies econometrics to history. In literature, stylometry is the study of an author’s writing style, and these days it leans heavily on computing and statistical analysis. Culturomics is the umbrella term used to describe rigorous quantitative inquiries in the social sciences and humanities.


“Some call it computer science and some call it statistics, but the essence is that these algorithmic methods are increasingly part of every discipline now,” says Gary King, director of the Institute for Quantitative Social Science at Harvard.


Cultural data analysts often adapt biological analogies to describe their work. Mr. Jockers, for example, called his research presentation “Computing and Visualizing the 19th-Century Literary Genome.”


Such biological metaphors seem apt, because much of the research is a quantitative examination of words. Just as genes are the fundamental building blocks of biology, words are the raw material of ideas.


“What is critical and distinctive to human evolution is ideas, and how they evolve,” says Jean-Baptiste Michel, a postdoctoral fellow at Harvard.


Mr. Michel and another researcher, Erez Lieberman Aiden, led a project to mine the virtual book depository known as Google Books and to track the use of words over time, compare related words and even graph them.


Google cooperated and built the software for making graphs open to the public. The initial version of Google’s cultural exploration site began at the end of 2010, based on more than five million books, dating from 1500. By now, Google has scanned 20 million books, and the site is used 50 times a minute. For example, type in “women” in comparison to “men,” and you see that for centuries the number of references to men dwarfed those for women. The crossover came in 1985, with women ahead ever since.


In work published in Science magazine in 2011, Mr. Michel and the research team tapped the Google Books data to find how quickly the past fades from books. For instance, references to “1880,” which peaked in that year, fell to half by 1912, a lag of 32 years. By contrast, “1973” declined to half its peak by 1983, only 10 years later. “We are forgetting our past faster with each passing year,” the authors wrote.


JON KLEINBERG, a computer scientist at Cornell, and a group of researchers approached collective memory from a very different perspective.


This article has been revised to reflect the following correction:

Correction: January 27, 2013

An earlier version of this article misstated Matthew L. Jockers’s age. He is 46, not 48. 



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China's smog taints economy, health









BEIJING — When a thick quilt of smog enveloped swaths of China earlier this month, it set in motion a costly chain reaction for the world's No. 2 economy.


Authorities canceled flights across northern China and ordered some factories shut. Hospitals were flooded with hacking patients.


A fire in an empty furniture factory in eastern Zhejiang province went undetected for hours because the smoke was indistinguishable from the haze. In coastal Shandong province, most highways were closed for fear that low visibility would cause motorists to crash. And in Beijing, the local government urged residents to remain indoors and told construction sites to scale back activity.








Photos: Smog in China


"These are emergency measures that have the same economic impact as a strike or severe weather," said Louis Kuijs, a Hong Kong-based economist with the Royal Bank of Scotland and formerly of the World Bank. "They're very painful."


Residents in the capital have taken to mocking their famously filthy air and its attendant health hazards with the expression "Beijing cough." Meanwhile, Shanghai's Environmental Protection Bureau has introduced a cartoon mascot to communicate daily air quality on its website: a pig-tailed girl who bursts into tears when smog reaches hazardous levels.


But economists say China's smog is no joke. As air pollution continues to obscure China's cities, the cost to the nation in lost productivity and health problems is soaring. The World Bank estimates sickness and early death sapped China of $100 billion in 2009, or just under 3% of gross domestic product. China is now home to seven of the 10 most-polluted cities in the world, according to a report by the Asian Development Bank and Beijing's Tsinghua University.


A study by Greenpeace and Peking University's School of Public Health put the cost of healthcare to treat pollution-related ailments in Beijing, Shanghai, Guangzhou and Xian at more than $1 billion last year.


Beijing resident Zhang Jian takes his 2-year-old son to a doctor regularly to treat the toddler's chronic sinus infection.


"It's definitely related to the pollution," said Zhang, 35, who wore a disposable mask at an overcrowded children's hospital recently. "My son snores and his nose is blocked constantly. It's a problem because he's too young to clear his nose like adults."


The doctor's visit and treatment cost Zhang about $320 — nearly a week's pay for the IT professional.


The Beijing government says it's considering a host of emergency measures to clear the air. Among them: limiting vehicle usage, spraying building sites to reduce dust and restricting outdoor barbecue grills.


Even China's next premier, Li Keqiang, weighed in recently on the issue. "This is a problem accumulated over a long period of time, and solving the problem will also require a long time. But we need to take action."


China's smog crisis is not unlike those experienced in London and Los Angeles in the 1950s. Public outcry ultimately led to cleaner air and tougher environmental regulations.


Environmental activists hope the same happens in China. The official response in recent weeks has raised optimism that authorities will begin addressing pollution more openly.


Until recently, state media was loathe to use the word "pollution," opting instead for the euphemism "fog."


But popular pressure is building, making it harder for policymakers to ignore the foul air in many of China's largest cities.


After the staggeringly bad bout of air pollution in the middle of this month, micro-bloggers took to posting pictures of themselves online wearing masks.


Some held handwritten signs that read, "I don't want to be a human vacuum cleaner."


The phrase became the top-trending topic on the Twitter-like Sina Weibo, attracting several million hits.





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Crazy Alien Weather: Lightning-Filled Rocket Dust Storms of Mars



Scientists have modeled the internal workings of lightning-filled “rocket dust storms” on Mars that rise at speeds 100 times faster than ordinary storms and inject dust high into the Martian atmosphere.


The Red Planet is a very dry and dusty place, with global storms that sometimes obscure the entire surface. Satellites orbiting Mars have seen persistent dust layers reaching very high altitudes, as much as 30 to 50 km above the ground, though scientists are at a loss to explain exactly how the dust got there.


Using a high-resolution model, researchers have shown that a thick blob-like dust pocket inside a storm may become heated by the sun, causing the surrounding atmosphere to warm quickly. Because hot air rises, these areas will shoot skyward super fast, much like a rocket launching into space, hence “rocket dust storms.”


“The vertical transport was so strong we want to come up with a kind of spectacular name, to give an idea of the very powerful rise,” said planetary scientist Aymeric Spiga from the Institut Pierre Simon Laplace in Paris, France, who is lead author on a paper describing the phenomena in the Journal of Geophysical Research: Planets on Jan. 14.



These speedily rising dust blobs can soar from near the surface to 30 or 40 km into the atmosphere in a matter of hours at speeds in excess of 10 meters per second (22 mph). This is far faster than the typical convection speeds in a dust storm of 0.1 meters per second (0.2 mph). Since the dust particles rub up against one another and create friction, the rocket dust storms may become charged with electrostatic forces, which could which could trigger fantastic lightning bolts.


Spiga and his team used detailed models of winds and dust on Mars to determine exactly how these rocket dust storms behave. Most previous models of Mars’ climate simulate large-scale global dust storms with fairly coarse resolution and so have not noticed the rocket storms. The team seeded their model with data from a dust storm observed by the OMEGA instrument aboard ESA’s Mars Express orbiting satellite and watched the rise of rocket storms.



Similar dust storms can’t happen on Earth. This is mainly because Mars’ atmosphere is about 100 times thinner than our own, meaning that it gets quickly and efficiently heated when dust particles absorb sunlight and then emit thermal radiation.


But a comparable phenomenon occurs in grey cumulonimbus thunderstorm clouds on Earth. The large accumulations of water particles in such clouds release latent heat, causing strong vertical motions and an extensive tall structure. Spiga’s team has used this Earthly analogy in the rocket dust storm’s more technical name, conio-cumulonimbus, from the Greek conious, which means dust.


“But I prefer to call them rocket dust storms,” Spiga said. “Then everyone knows what I’m talking about.”


Other researchers are impressed with the physical modeling done in the work. “I was a little surprised that such a small dust disturbance could remain intact over such long distances,” said planetary atmospheres scientist Scot Rafkin from the Southwest Research Institute in Boulder, Colorado. The mechanism could help explain how long-lasting layers of dust climb so high in the Martian atmosphere, he says. 


Because they appear to be relatively rare, it may take a while to track down more rocket dust storms. But Spiga is hopeful they will be found by orbiting satellites, which may even image the lightning flashes inside them.


Video: Spiga, Aymeric, et al. “Rocket dust storms and detached dust layers in the Martian atmosphere,” JGR:Planets, DOI: 10.1002/jgre.20046


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Lorne Michaels comedy pilot lands at NBC






LOS ANGELES (TheWrap.com) – “Saturday Night Live” boss Lorne Michaels is broadening his relationship with NBC via a new comedy pilot.


The untitled project will star stand-up comic (and “SNL” writer) John Mulaney, and is loosely based on his life.






Mulaney will also write and executive-produce the project, with Michaels, Andrew Singer, Dave Becky and David Miner also executive-producing.


The project will be produced by Universal Television, Broadway Video and 3 Arts Entertainment.


Last month, Michaels – along with “Up in the Air” director Jason Reitman and “Girls” co-executive producer Bruce Eric Kaplan – sold a comedy pilot, “People in New Jersey,” to HBO. That project centers around an adult brother and sister who puzzle over the big and small mysteries of life while living in New Jersey.


TV News Headlines – Yahoo! News





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Religious Groups and Employers Battle Contraception Mandate


Shawn Thew/European Pressphoto Agency


President Obama, with his health secretary, Kathleen Sebelius, offering a compromise on the contraception mandate last year.







In a flood of lawsuits, Roman Catholics, evangelicals and Mennonites are challenging a provision in the new health care law that requires employers to cover birth control in employee health plans — a high-stakes clash between religious freedom and health care access that appears headed to the Supreme Court.




In recent months, federal courts have seen dozens of lawsuits brought not only by religious institutions like Catholic dioceses but also by private employers ranging from a pizza mogul to produce transporters who say the government is forcing them to violate core tenets of their faith. Some have been turned away by judges convinced that access to contraception is a vital health need and a compelling state interest. Others have been told that their beliefs appear to outweigh any state interest and that they may hold off complying with the law until their cases have been judged. New suits are filed nearly weekly.


“This is highly likely to end up at the Supreme Court,” said Douglas Laycock, a law professor at the University of Virginia and one of the country’s top scholars on church-state conflicts. “There are so many cases, and we are already getting strong disagreements among the circuit courts.”


President Obama’s health care law, known as the Affordable Care Act, was the most fought-over piece of legislation in his first term and was the focus of a highly contentious Supreme Court decision last year that found it to be constitutional.


But a provision requiring the full coverage of contraception remains a matter of fierce controversy. The law says that companies must fully cover all “contraceptive methods and sterilization procedures” approved by the Food and Drug Administration, including “morning-after pills” and intrauterine devices whose effects some contend are akin to abortion.


As applied by the Health and Human Services Department, the law offers an exemption for “religious employers,” meaning those who meet a four-part test: that their purpose is to inculcate religious values, that they primarily employ and serve people who share their religious tenets, and that they are nonprofit groups under federal tax law.


But many institutions, including religious schools and colleges, do not meet those criteria because they employ and teach members of other religions and have a broader purpose than inculcating religious values.


“We represent a Catholic college founded by Benedictine monks,” said Kyle Duncan, general counsel of the Becket Fund for Religious Liberty, which has brought a number of the cases to court. “They don’t qualify as a house of worship and don’t turn away people in hiring or as students because they are not Catholic.”


In that case, involving Belmont Abbey College in North Carolina, a federal appeals court panel in Washington told the college last month that it could hold off on complying with the law while the federal government works on a promised exemption for religiously-affiliated institutions. The court told the government that it wanted an update by mid-February.


Defenders of the provision say employers may not be permitted to impose their views on employees, especially when something so central as health care is concerned.


“Ninety-nine percent of women use contraceptives at some time in their lives,” said Judy Waxman, a vice president of the National Women’s Law Center, which filed a brief supporting the government in one of the cases. “There is a strong and legitimate government interest because it affects the health of women and babies.”


She added, referring to the Centers for Disease Control and Prevention, “Contraception was declared by the C.D.C. to be one of the 10 greatest public health achievements of the 20th century.”


Officials at the Justice Department and the Health and Human Services Department declined to comment, saying the cases were pending.


A compromise for religious institutions may be worked out. The government hopes that by placing the burden on insurance companies rather than on the organizations, the objections will be overcome. Even more challenging cases involve private companies run by people who reject all or many forms of contraception.


The Alliance Defending Freedom — like Becket, a conservative group — has brought a case on behalf of Hercules Industries, a company based in Denver that makes sheet metal products. It was granted an injunction by a judge in Colorado who said the religious values of the family owners were infringed by the law.


“Two-thirds of the cases have had injunctions against Obamacare, and most are headed to courts of appeals,” said Matt Bowman, senior legal counsel for the alliance. “It is clear that a substantial number of these cases will vindicate religious freedom over Obamacare. But it seems likely that the Supreme Court will ultimately resolve the dispute.”


The timing of these cases remains in flux. Half a dozen will probably be argued by this summer, perhaps in time for inclusion on the Supreme Court’s docket next term. So far, two- and three-judge panels on four federal appeals courts have weighed in, granting some injunctions while denying others.


One of the biggest cases involves Hobby Lobby, which started as a picture framing shop in an Oklahoma City garage with $600 and is now one of the country’s largest arts and crafts retailers, with more than 500 stores in 41 states.


David Green, the company’s founder, is an evangelical Christian who says he runs his company on biblical principles, including closing on Sunday so employees can be with their families, paying nearly double the minimum wage and providing employees with comprehensive health insurance.


Mr. Green does not object to covering contraception but considers morning-after pills to be abortion-inducing and therefore wrong.


“Our family is now being forced to choose between following the laws of the land that we love or maintaining the religious beliefs that have made our business successful and have supported our family and thousands of our employees and their families,” Mr. Green said in a statement. “We simply cannot abandon our religious beliefs to comply with this mandate.”


The United States Court of Appeals for the 10th Circuit last month turned down his family’s request for a preliminary injunction, but the company has found a legal way to delay compliance for some months.


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Diner’s Journal Blog: PepsiCo Will Halt Use of Additive in Gatorade

PepsiCo announced on Friday that it would no longer use an ingredient in Gatorade after consumers complained.

The ingredient, brominated vegetable oil, which was used in citrus versions of the sports drink to prevent the flavorings from separating, was the object of a petition started on Change.org by Sarah Kavanagh, a 15-year-old from Hattiesburg, Miss., who became concerned about the ingredient after reading about it online. Studies have suggested there are possible side effects, including neurological disorders and altered thyroid hormones.

The petition attracted more than 200,000 signatures, and this week, Ms. Kavanagh was in New York City to tape a segment for “The Dr. Oz Show.” She visited The New York Times on Wednesday and while there said, “I just don’t understand why they can’t use something else instead of B.V.O.”

“I was in algebra class and one of my friends kicked me and said, ‘Have you seen this on Twitter?’ ” Ms. Kavanagh said in a phone interview on Friday evening. “I asked the teacher if I could slip out to the bathroom, and I called my mom and said, ‘Mom, we won.’ ”

Molly Carter, a spokeswoman for Gatorade, said the company had been testing alternatives to the chemical for roughly a year “due to customer feedback.” She said Gatorade initially was not going to make an announcement, “since we don’t find a health and safety risk with B.V.O.”

Because of the petition, though, Ms. Carter said the company had changed its mind, and an unidentified executive there gave Beverage Digest, a trade publication, the news for its Jan. 25 issue.

Previously, a spokesman for PepsiCo had said in an e-mail, “We appreciate Sarah as a fan of Gatorade, and her concern has been heard.”

Brominated vegetable oil will be replaced by sucrose acetate isobutyrate, an emulsifier that is “generally recognized as safe” as a food additive by the Food and Drug Administration. The new ingredient will be added to orange, citrus cooler and lemonade Gatorade, as well Gatorade X-Factor orange, Gatorade Xtremo citrus cooler and a powdered form of the drink called “glacier freeze.”

Ms. Carter said consumers would start seeing the new ingredient over the next few months as existing supplies of Gatorade sell out and are replaced.

Health advocates applauded the company’s move. “Kudos to PepsiCo for doing the responsible thing on its own and not waiting for the F.D.A. to force it to,” said Michael Jacobson, executive director of the Center for Science in the Public Interest.

Mr. Jacobson has championed the removal of brominated vegetable oil from foods and beverages for the last several decades, but the F.D.A. has left it in a sort of limbo, citing budgetary constraints that it says keep it from going through the process needed to formally ban the chemical or declare it safe once and for all.

Brominated vegetable oil is banned as a food ingredient in Japan and the European Union. About 10 percent of drinks sold in the United States contain it, including Mountain Dew, which is also made by PepsiCo; some flavors of Powerade and Fresca from Coca-Cola; and Squirt and Sunkist Peach Soda, made by the Dr Pepper Snapple Group.

PepsiCo said it had no plans to remove the ingredient from Mountain Dew and Diet Mountain Dew, both of which generate more than $1 billion in annual sales.

Heather White, executive director at the Environmental Working Group, said of PepsiCo’s decision, “We can only hope that other companies will follow suit.” She added, “We need to overhaul how F.D.A. keeps up with the latest science on food additives to better protect public health.”

Ms. Kavanagh agreed. “I’ve been thinking about ways to take this to the next level, and I’m thinking about taking it to the F.D.A. and asking them why they aren’t doing something about it,” she said. “I’m not sure yet, but I think that’s where I’d like to go with this.”


This post has been revised to reflect the following correction:

Correction: January 26, 2013

An earlier version of this article misspelled the surname of the 15-year-old who started a petition on Change.org to end the use of brominated vegetable oil in Gatorade. She is Sarah Kavanagh, not Kavanaugh.

A version of this article appeared in print on 01/26/2013, on page B1 of the NewYork edition with the headline: PepsiCo Will Halt Additive Use In Gatorade.
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Court rules Obama recess appointments unconstitutional









WASHINGTON — A federal appeals court, dealing a defeat to President Obama, has sharply limited the chief executive’s power to bypass the Senate and to make temporary “recess” appointments to fill vacant slots in government agencies.


The Court of Appeals for the D.C. Circuit, in a 3-0 ruling,  said the president can make recess appointments only when the Senate has formally adjourned between sessions of Congress, not when lawmakers leave Washington for a brief break.


The Obama administration is almost certain to appeal the decision to the Supreme Court. But if the ruling stands, it strengthens the power of the Senate’s Republican minority at the expense of Obama and the Democrats.





PHOTOS: President Obama’s second inauguration


During his first term, Senate Republicans, led by Minority Leader Mitch McConnell (R-Ky), refused to approve Obama’s nominees for several agencies, including the National Labor Relations Board and the new Consumer Financial Protection Agency created in the wake of the Wall Street collapse of 2008. McConnell could rely on the filibuster rule by which the minority can block a vote by the majority.


In response, Obama invoked his power under the Constitution “to fill up all vacancies that may happen during the recess of the Senate.” Obama used this authority last January to appoint several new members to the National Labor Relations Board, ensuring the group had the necessary three members to make decisions. In addition to the NLRB appointments, Obama also installed Richard Cordray as director of the Consumer Financial Protection Bureau at the same time.


Business groups and Senate Republicans challenged the move, arguing the Senate was not truly in recess last January when it was out of session for several days.


In Friday’s decision, Chief Judge David Sentelle ruled for the challengers and said a “recess” refers to the break when Congress formally adjourns after a two-year session.


“An interpretation of 'the Recess' that permits the President to decide when the Senate is in recess would demolish the checks and balances inherent in the advice-and-consent requirement, giving the President free rein to appoint his desired nominees at any time he pleases, whether that time be a weekend, lunch, or even when the Senate is in session and he is merely displeased with its inaction. This cannot be the law,” said Sentelle, an appointee of President Reagan. He was joined by Judges Karen Henderson and Thomas Griffith, who are also Republican appointees.


PHOTOS: President Obama’s past


Cordray’s appointment is being challenged in U.S. District Court in Washington, D.C., in a separate lawsuit by a Texas bank and two free-market advocacy groups. They also claim the appointment was unconstitutional because the Senate was not in a formal recess. The suit is pending.


On Thursday, Obama renominated Cordray to the five-year term as director of the 2-year-old agency. Cordray’s recess appointment expires at the end of the year.


Obama said Thursday that Cordray was qualified for the position, but “he wasn’t allowed an up or down vote in the Senate, and as a consequence, I took action to appoint him on my own.”


Staff writer Jim Puzzanghera contributed to this report.


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