FTC study taking aim at online marketing of booze and kids

LOS ANGELES (Reuters) – The Federal Trade Commission (FTC) plans this summer to recommend ways that the alcoholic beverage industry can better protect underage viewers from seeing its advertisements online.

Distillers, brewers and wineries pour millions of dollars into brand promotion on Twitter, Facebook and other social media, and industry critics contend they are not doing enough to prevent young consumers from receiving these messages.

“We’re doing a deep dive on how they’re using the Internet and social media,” said Janet Evans, a lawyer with the FTC, which is conducting a year-long study due to be released by early summer. “We’re focusing on underage exposure.”

She would not elaborate on any potential recommendations that might come out of the study, which began in April 2012.

The FTC is reviewing data from 14 big producers, Evans said, including Beam Inc, the maker of Jim Beam, Diageo Plc, home to Johnnie Walker, and Constellation Brands Inc, which makes Robert Mondavi and Ravenswood wines.

The FTC report “is something we take seriously and place at high priority,” said Karena Breslin, director for digital marketing at Constellation.

The FTC has made two requests for information since the study began, she said.

The regulatory agency has not said it intends to impose restrictions on liquor company social media advertising but it can make recommendations to the industry.

The FTC is empowered to file suit to ensure consumers are protected from deceptive marketing practices, Evans said, but she stressed that studies of this nature are meant to promote better self-regulation, not provide a basis for a case.

Executives say alcohol makers and distributors voluntarily adhere to the same industry-set standard for marketing to underage viewers on social media sites that the industry set for its ads on TV and other medium. That requires that at least 71.6 percent of an audience consists of adults 21 and older.

“No one in their right mind would want to advertise to people who can’t legally buy their product,” said Frank Coleman, senior vice president for Distilled Spirits Council of the United States (DISCUS), the trade group that sets the industry’s advertising codes.

In June 2011, DISCUS revised its code upwards to 71.6 percent from 70 percent, after the FTC recommended it review the standard to better reflect U.S. Census population data.

Industry critics, including David Jernigen, director of the Center on Alcohol Marketing and Youth at Johns Hopkins University, and Sarah Mart, research director of the advocacy group Alcohol Justice, contend the industry didn’t go far enough and should raise the standard further.

Jernigen says it needs to be at least 85 percent to effectively protect youth, so there would be no more than 15 percent exposure to the underage drinking population.

“The industry says its self-regulating but it’s ineffective and social media opens up a whole new set of problems because their ads are everywhere,” said Sarah Mart, research director for the San Rafael, Calif.-based group Alcohol Justice.

The industry group’s Coleman said the group now requires members to install age-checking tools via instant-messaging as a gateway to Twitter feeds and other branded Web platforms that ask the user for a birth date before admitting them.

In the first nine months of 2012, beer, wine and spirits manufacturers’ spent an estimated $ 35 million for paid Web display advertising, but industry executives estimate many millions more were spent on Web site creation, video production for platforms like Google’s YouTube and social media marketing efforts.

“We’ve significantly adjusted more money to digital for online video, Web sites, Facebook and Twitter content,” said Kevin George, global chief marketing officer for Jim Beam, which he says spends 30 percent of its media spend for online outlets, up from 10 percent in 2008.

Many companies are expanding their digital staff. Wine maker Constellation hired Breslin three years ago to initiate digital marketing and now has a team of five reporting to her.

Many alcoholic beverage companies flocked to Facebook because it requires users to post their birth dates when signing up. Last year Twitter partnered with Buddy Media to offer a more effective screening tool that sends a direct message to fans who click on a brand. The message sends the fan a link to a site that asks for date of birth, which has allowed Twitter to grab some more of the sector marketing. Salesforce.com bought Buddy Media last June, which is now folding the platform into its marketing cloud portfolio.

Health advocates and industry critics are crying foul. “Facebook and other interactive platforms are poorly monitored and not well age protected,” said Jernigen of Johns Hopkins University. “Anyone can say they’re 21 and click yes.”

(Reporting By Susan Zeidler; Editing by Ron Grover and Alden Bentley)

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Mariska Hargitay Fashion Rewind

Despite her fourteen-year stint as tough-cop Olivia Benson on Law and Order: SVU, Mariska Hargitay is a surprisingly girly gal when it comes to her real-life red carpet style. 

Related: Mariska Hargitay's Heartbreaking Adoption Moment

Join us as we look back at Mariska's fashion evolution over the years!

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An absentee mayor

Bob McManus

Remember the time Mike Bloomberg jetted off to sunny Bermuda as a monster snowstorm bore down on the five boroughs? Never again, he said afterward, woefully, while the city ever-so-slowly dug itself out of the drifts.

Well, some tigers just can’t change their stripes.

For there he was last week, down in Maryland giving America a firearms intervention while the United Federation of Teachers and his own crack Department of Education negotiators pulled his pants down on teacher-quality reform.

Transforming the city’s public-school system into a national model for quality and effectiveness was once right at the top of Mayor Mike’s personal legacy list.

AP

Busy in Baltimore: Mayor Bloomberg waiting to speak at a gun-violence summit while his aides were bungling teacher-evaluation talks back home.

But then came the third-term blahs, the departure of Joel Klein as schools chancellor, the ensuing Cathy Black debacle, the ascendancy of the thuggish United Federation of Teachers boss Mike Mulgrew — and the now-pervasive sense that Bloomberg no longer much gives a damn about the city’s 1,400 schools.

Fact is, he’s always been long on big ideas and short on follow-through (congestion pricing, anyone?). The schools seem to be no different.

Bloomberg won mayoral control of the Board of Education early on — a signal victory, though one built on the largely unappreciated efforts of his predecessor, Mayor Rudy Giuliani. Then came a lot of churning, but not much change.

Certainly not when it came to dealing with Albany.

He dispatched naïve deputies to the capital city to negotiate charter-school and school-closure reform with Assembly Speaker Sheldon Silver — and wound up with laws studded with subsections designed to weaken, not strengthen, mayoral control.

And that’s how it worked out.

Fast forward to last week’s teacher-evaluation horror show, a repeat of what had come before: Mike delegated, his deputies dithered and the UFT carried the day

More, the union can now credibly — if dishonestly — argue that the potential loss of hundreds of millions in state and federal school aid is all Mike’s fault.

The money is the carrot in a state law requiring that the city and its unions negotiate objective evaluation standards for teachers and supervisors.

This always was going to be a tough fight. Mulgrew would sooner jam hot needles in his eyes than allow even the most egregiously incompetent teachers to be dismissed.

But as negotiations closed in on last Thursday’s deadline, the union had an unexpected ally at the table: Shael Polakow-Suransky, the policy factotum forced on Bloomberg by Albany as its price for allowing Cathy Black to become chancellor.

Black imploded after just weeks on the job, but Polakow-Suransky remained.

And Polakow-Suransky, it seems, is no fan of standardized testing, a key tool — if not the key tool — in any credible teacher-evaluation regimen.

“He doesn’t believe in testing,” says one high-ranking participant in the talks. “He negotiated it away — and when Mike [came back and] found out, he exploded.”

This brought negotiations to an end in a spray of invective, with state Education Commissioner John King essentially (and not unreasonably) blaming the breakdown on Bloomberg while threatening to withhold perhaps $1 billion in education aid from the city.

But, correcting for the bad hand the mayor had dealt himself, Bloomberg is spot on: One can’t objectively evaluate teachers without, well, objective evaluation metrics.

That is, without standardized tests.

Many pupils, if not most, will do fine without much testing.

Still, you can’t perform an education on a child, like an appendectomy. It’s a process, and many children — for reasons of class, culture, economic circumstance or personal disinclination to participate — resist it more than others.

These are the children who desperately need the readin’, ’ritin’ and ’rithmatic rubric that comprises the core of most test prep.

And in that sense, test performance is an entirely valid — indeed, critical — standard against which to judge teachers.

So if Polakow-Suransky doesn’t like standardized testing — well, too bad about Polakow-Suransky. And no matter that such views enjoy considerable currency among the Columbia Teachers College crew that drives policy at the Department of Education; they have no legitimate presence in Bloomberg administration negotiating positions.

And they certainly shouldn’t have come as such a surprise to the mayor himself.

That is, Mike should have been paying much closer attention to what was being proposed in his name.

For while education isn’t as sexy as assault rifles, he started the reform fight. He really should devote what time he has remaining in City Hall to working for its successful conclusion.

rmcmanus8@gmail.com

Have a comment on this PostOpinion column? Send it in to LETTERS@NYPOST.COM!

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Miami Dolphins slam Norman Braman, Marlins Park deal

The Miami Dolphins ramped up their public campaign for a tax-funded stadium renovation this week, buying full-page ads against their top critic and trying to distance the plan from the unpopular Marlins deal.

The team bought an ad in Tuesday’s Miami Herald and El Nuevo Herald knocking auto magnate Norman Braman’s criticism of the Sun Life Stadium deal, which would have Florida and Miami-Dade split the costs with owner Stephen Ross for a $400 million renovation. The Dolphins would pay at least $201 million, with taxpayers using state funds and a higher Miami-Dade hotel tax to pay $199 million.

In a fact sheet sent to media Tuesday morning, the Dolphins listed ways their deal differs from the 2009 Marlins deal. First: Ross, a billionaire real estate developer, would use private dollars to fund at least 51 percent of the Sun Life effort, compared to less than 25 percent from Marlins owner Jeff Loria. Second, Sun Life helps the economy more than the Marlins park does.

“Just because the Marlins did a bad deal doesn’t mean we should oppose a good deal where at least a majority of the cost is paid from private sources and more than 4,000 local jobs are created during construction alone,” the fact sheet states. And while the Dolphins’ Miami Gardens stadium has hosted two Super Bowls since 2007 and is in the running for the 2016 game, “Marlins Stadium does not generate the ability to attract world-class sports events -- other than a World Series from time to time depending on the success of the team.”

NFL teams play eight home games a year if they don’t make the playoffs, while baseball teams have 81.

Miami and Miami-Dade built the Marlins a $640 million stadium at the site of the Dolphins’ old home at the Orange Bowl in Little Havana. The Marlins contributed about $120 million and agreed to pay between $2.5 million and $4.9 million a year for 35 years to pay back $35 million of debt the county borrowed for the stadium. As a publicly owned stadium, the Marlins ballpark pays no property taxes. Most of the public money came from Miami-Dade hotel taxes, along with $50 million of debt tied to the county’s general fund.

Sun Life is privately owned and pays $3 million a year in property taxes to Miami-Dade. It currently receives $2 million a year from Florida’ s stadium program, a subsidy tied to converting the football venue to baseball in the 1990s when the Marlins played there. The Dolphins also paid for a second full-page ad with quotes from leading hoteliers in Miami-Dade endorsing the stadium plan. Among them: Donald Trump, whose company recently purchased the Doral golf resort. “Steve Ross’ commitment to modernize Sun Life Stadium -- while covering most of the construction costs -- is the right thing for Miami-Dade,’’ the ad quotes Trump as saying.

Also on Tuesday, Ross and team CEO Mike Dee sent a letter to Miami-Dade Mayor Carlos Gimenez and county commissioners requesting negotiations over the stadium deal. The letter said the deal Ross unveiled last week is a “baseline for debate” and asked for talks. The letter also urged the commission to adopt a resolution proposed by Commissioner Barbara Jordan endorsing the state bill that would allow taxes for Sun Life. The resolution is on the agenda for Wednesday’s commission meeting.

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Appeals court throws out Miami judge’s controversial fingerprint ruling

An appeals court has thrown out a Miami-Dade criminal court judge’s controversial ruling restricting long-accepted fingerprint evidence.

The Third District Court of Appeals this week ruled that Circuit Judge Milton Hirsch should have removed himself from the case before issuing his ruling.

The reason: Hirsch had earlier told two prosecutors that he would remove himself from similar cases because he harbored “preconceived opinions on the subject of fingerprints.”

In October, Hirsch ruled that a police fingerprint examiner could not testify that he identified a conclusive fingerprint “match” for Miami’s Radames Borrego, who is accused of two burglaries.

The judge’s ruling raised eyebrows among legal observers because U.S. courts have long allowed experts to testify to jurors that the accused person’s fingerprint is unique to him or her.

The appeals court did not rule specifically on Hirsch’s fingerprint order, but nevertheless threw it out, saying the judge should not have presided over the case. It is unclear whether Hirsch will be able to preside over future criminal court cases involving fingerprint evidence.

Hirsch, a former president of the Florida Association of Criminal Defense Lawyers and a law school professor who wrote a book on state criminal trial procedure, is well-known in South Florida’s legal community. He was elected in May 2010.

The judge — who often quotes Shakespeare in lengthy orders — often delves into polemic legal waters.

In 2010, when a Tampa federal judge ruled that Florida’s drug law was unconstitutional, Hirsch was the only local state judge to follow suit. He threw out more than two dozen cases, but the same Miami’s appeals court later reversed Hirsch.

Late last year, Hirsch from the bench criticized relatives of a murder victim after they criticized him in a Spanish-language television interview. After he declined to recuse himself from the case, the Third DCA booted him from the case.

Also last year, the same appeals court said Hirsch “did not have jurisdiction” when he filled in for a fellow judge, then reversed that judge’s decision to keep behind bars a man accused of violating a restraining order.

Hirsch will be ruling on a high-profile case next week.

Lawyers for Sergio Robaina, accused of voter fraud, have asked Hirsch to throw out two misdemeanors charged under a county ordinance prohibiting possession of more than two absentee ballots. The ordinance is unconstitutional, they claim.

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Bachelor Recap: Sean Lowe Sets Kissing World Record with Lesley and Dumps Kacie

Amid a drama-filled night of surprises, Sean Lowe whittled his sixteen ladies down to thirteen Monday on The Bachelor.

To kick off week three, Lesley M was gifted with an entire day of Sean's company all to herself. Whisked from the mansion to the gritty streets of Hollywood Blvd, Sean surprised Lesley with a quirky museum date to peruse the Guinness Book of World Records where, interestingly enough, the Bachelor's very own dad holds a record for longest road trip ever taken. In the mood to follow in his father's footsteps, Sean proposes he and Lesley break the world record for longest on-screen kiss (3 min, 15 sec), which she eagerly accepted.

After easily earning their place in the history books, the twosome toasted to their accomplishment on a rooftop overlooking Los Angeles. Sean and Lesley proceeded to gush over eachother awkwardly before a blushing Sean gifted Lesley with a rose.

Pics: Meet Sean Lowe's Lucky Ladies!

Next up, Kacie, Robyn, Leslie H, Kristy, Catherine, Desiree, Taryn, Amanda, Lindsay, Daniella, Jackie and Tierra were selected to hit the beach for a competitive round of volleyball with two teams of six squaring off for the possibility of spending quality alone time with Sean.

In the end Desiree, Robyn, Amanda, Jakie and Lindsay win and relish in their hard-earned one-on-ones but Kacie, perturbed by the tension between Amanda and Desiree, opted to let Sean in on the drama. Unfortunately, her plan backfired as Sean questioned why she would involve herself in the girls' disagreement.

After spending time with all six, Sean gave a rose to Lindsay while Kacie was left to sweat over her poor decision that night.

AshLee was the last to score a one-on-one date with Sean but, as the Bachelor arrived to whisk his date off to Six Flags Magic Mountain, Tierra took a tumble down the stairs, effectively halting AshLee and Sean's plans for the day. Fearing she sustained a concussion, paramedics are called. Ultimately, Tierra vehemently refused medical attention and the ambulance was sent on its way-- but not before she snagged a good chunk of time snuggling with a worried Sean.

Despite being ruffled by what appeared to be a calculating move on Tierra's part to ruin her date, AshLee put on a good face for Sean when they finally arrive to the theme park. In an attempt to test her "kind, caring heart," Sean surprised his date by bringing along two other young ladies suffering from chronic illness to share in their thrilling day.

Impressed by how well AshLee took to the girls, Sean gifted AshLee with a rose and the twosome got to know eachother better as his favorite band, the Eli Young Band, serenaded them.

Video: Sean Lowe Is Most Sincere 'Bachelor' Ever, Says Chris Harrison

When time came for the final rose ceremony, Sean called for Kacie to meet him outside for a private conversation where he mercifully sent her off in private.

"I have way too much respect for you to make you stand through another ceremony when I know in my heart that we're better off as friends," said Sean before Kacie's limo whisked her away.

Back inside, Sean picked his final ten (Tierra, Leslie H, Catherine, Daniella, Robyn, Selma, Sarah, Jackie, Amanda and Desiree), sending Taryn and Kristy home.

Tune in next Monday for an all-new episode of The Bachelor on ABC.

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BlackBerry Z10 compared to iPhone 5 on camera [video]

Alongside BGR’s own extensive BlackBerry 10 walkthrough, Austrian website Telekom Presse has uploaded another video comparing Research in Motion’s (RIMM) not-so-secret BlackBerry Z10 smartphone to the iPhone 5. The company’s upcoming BlackBerry 10 operating system seems to be a mix between iOS and Android, while adding some unique features. The video showcases the BlackBerry voice assistant app, multitasking and app switching, the app drawer, and the device’s business and home profiles.

[More from BGR: BlackBerry 10 OS walkthrough, BlackBerry Z10 pricing]

Despite the fact that the handset is still running beta software it appears to be exceptionally fast, even besting the iPhone 5 in some scenarios.

[More from BGR: Rumored Xbox 720 specs: 8-core processor, 8GB of RAM, 800MHz GPU]

The BlackBerry Z10 smartphone is said to be equipped with a 4.2-inch HD display, 16GB of internal storage, an 8-megapixel rear camera, 2GB of RAM, NFC, 4G LTE and an 1,800 mAh battery.

RIM will unveil the device along with a second BlackBerry 10 phone at a press conference on January 30th. The BlackBerry Z10, iPhone 5 comparison video follows below.

This article was originally published on BGR.com

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Bath salts bust in Hell's Kitchen

Byron Smith

Police at the scene on West 54th Street where officials had suspected a meth lab — cops found illegal bath salts instead.

Something foul is cooking in Hell’s Kitchen.

Police raided a West 54th Street co-op and found pounds of the illegal designer drug "bath salts" in a possible drug lab after neighbors complained that apartment smelled of cat urine, sources and witnesses said.

“One officer said, ‘I don't want to go in there,” said Chelsea Blakeburn, 20, who lives next to the third floor apartment and smelled the stench.

Blackburn said that a neighbor upstairs in the five story walk up — which is two blocks from a police precinct — was the one who called authorities.

Pounds of a white substance, believed to be illegal bath salts, were found in the apartment’s refrigerator along with beakers, according to police sources.

Bath salts are a low-grade synthetic drug with effects similar to cocaine and methamphetamine.

A 44-year old man who lives in the apartment is being questioned by police, but has not been charged, police said.

Neighbors describe the man as “bizarre and strange.”

DEP has not finished testing the substance and will make a final determination.

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Series for Miami’s emerging art collectors begins Thursday

For art enthusiasts interested in bring their interest home, Miami’s Bakehouse Art Complex is hosting a lecture series for emerging collectors. The first panel, slated for Thursday at 6 p.m., features arists and curators who will talk about fine tuning your taste and learning to make informed decisions. The second session, Feb. 7, is oriented to the mechanics of purchasing. The third, on Feb. 21, explores how to manage your collection.

Moderating all three panels will be Denise Gerson, independent curator who served as associate director for the Lowe Museum of Art for 24 years. Cost is $25 per session or $60 for the series. Seating is limited; reservations are recommended.

Information at 305-576-2828; www.bacfl.org.

Jane Wooldridge

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Cuban exile mother of poet laureate Richard Blanco now in spotlight as his inspiration

At first, Geysa Blanco thought her son was kidding.

"He said, ‘Mom, I have news for you,’ " Blanco said, recalling the telephone call from her son a few weeks ago.

"Between English and Spanish, he told me that they had chosen him to write and read a poem at the presidential inauguration,” she said.

But Richard Blanco, a child of exiles who was raised in Miami and graduated from Florida International University, was serious.

The Barack Obama inaugural committee chose the 44-year-old Cuban-American civil engineer and author to recite an original poem at Monday’s inauguration.

Richard Blanco has also been speechless. “It took me 10 minutes to remember what the word for inauguration is in Spanish," he said in a telephone interview Sunday from Washington, D.C., less than 24 hours before taking center stage.

Blanco, who now lives in Maine, will become the first Hispanic inaugural poet and the first openly gay one. He is also only the fifth and youngest poet in the exclusive club of poets.

The first was Robert Frost, who in 1961 wrote a poem for the inauguration of John F. Kennedy.

Then in 1993, Bill Clinton chose the African-American writer Maya Angelou. William Miller was chosen for Clinton’s second inauguration, and Elizabeth Alexander wrote the poem for Obama’s first ceremony.

In a statement, Obama said Blanco’s work represents "the great strength and diversity of the American people."

This diversity and strength could be reflected in the story of the poet’s Cuban exile mother.

"She is a very brave woman and has worked hard all her life for my brother and me," Blanco said.

During an interview at her Westchester home, Geysa Blanco, 75, said that it still seems surreal that a woman who grew up in a sugar refinery in Cienfuegos will stand in front of the National Capitol, watching her son recite a poem for the nation and the president of the United States.

“My son said reporters might want to interview me and I said, ‘Me? What for?’ ” Geysa Blanco said. Indeed, local reporters and TV cameras have come knocking and the proud mother has given several interviews.

Geysa Blanco has also become a celebrity among her neighbors, friends and customers at Regions Bank on Bird Road, where she has worked for more than 30 years.

The roots of Richard Blanco’s writing began in 1968 when his parents fled the Communist island and went into exile in Spain. At the time, Geysa Blanco, a teacher, was pregnant and she and her late husband Carlos, already had an older son, also named Carlos.

"We decided to leave Cuba because the government was becoming more and more difficult to live under," she said. "But it was very painful for me because I left my mother and brothers behind and came here virtually alone and with nothing."

After five months in Spain, where she gave birth to Richard, they emigrated to New York.

As a boy, she said Richard always had an interest in exploring his Cuban roots.

"I always had questions about Cuba, about the family we left there," he said. On his website he refers to himself as being “made in Cuba, assembled in Spain, and imported to the U.S.”

That sense of not belonging and trying to belong seeps through his books of poetry, which often feature his family and their efforts hold on to their traditions.

When Richard was about 5 and Carlos 11, the family moved to the closest place to Cuba – Miami. His mother went to work in a supermarket and later landed her bank job.

"We lived three generations in one house, my husband’s parents, my husband and I, and Charles and Richard," the poet’s mother said. "Sometimes it was hard because grandparents are not accustomed to the modern ways of young people.”

Today, she laments that those family members are gone. “I wish Richard’s father and grandparents were here to enjoy this day,” she said.

Richard Blanco did get to visit the homeland his parents yearned for when he was growing up.

"Everyone thought he wasn’t going to speak Spanish and was going to feel uncomfortable," Geysa Blanco said of her relatives on the island. "But they were surprised because he picked yucca in the fields, jumped in the canals and danced a lot, just like everyone else.”

That trip as a young man would shape the poet’s future work, his mother said. "I think that’s where he caught the bug to write about his roots," she said.

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