Is It OK to Use Kickstarter to Make Money?

Three weeks early and $ 359,630 short, Björk’s Kickstarter project to make an Android version of the Icelandic superstar’s iOS-only educational Biophilia app has been canceled because few people wanted to give charity to a rich person. Kickstarter doesn’t bill itself as crowd-sourced philanthropy, rather describing itself as a “funding platform for creative projects.” But since the beginning, the spirit of the site has involved patronizing a ”creator [who] couldn’t get money through traditional channels,” as Rob Walker explained in a 2011 New York Times Magazine profile of the then-new company. So, the people took it as an abuse of the system when a famous person like Björk, who has enough money to buy herself a penthouse in Brooklyn Heights goes on there soliciting nearly $ 600,000. But it’s not like Björk is the first established rich person to go on there asking for money. Legendary video game designer Tim Schafer, for example, got $ 3.3 million to make his next game, and established designers have also had luck, too.

RELATED: With Multimillion Dollar Pebble Watch, Kickerstarter Really Grows Up

But, this time, something was different. The people have no sympathy for the failure of a millionaire. “A moment’s silence for multimillionaire Björk who couldn’t convince the public to fund her latest whim,” tweeted one particularly upset Mancunian DJ, echoing the sentiments of others who don’t approve of a “super high status persons using Kickstarter.” Even before she stepped away from the ambitious project, people questioned the move, with tweets like “something tells me @bjork probably has the resources to fund porting her paid music app without crowdfunding” and “struggling up-and-coming artist Björk launches a Kickstarterproject? Seriously?” All of a sudden it’s not OK for rich people to make money on Kickstarter again. What changed?

RELATED: What the Future of Our Crowd-Funded Products Will Look Like

The crowd-funding platform has combined elements of philanthropy and commerce, but these days one side can be emphasized more than other. In Jenna Wortham’s profile of the company in 2009, The New York Times described Kickstarter as a place where “Patrons Support Artists on the Web.” Two years later,  Wired‘s Carly Adler described it as a sort of a public research and development unit, calling it “a lab for daring prototypes and ingenious products.”  

RELATED: ‘Fifty Shades’ Outpaces Potter; Authors’ Drunk Texts Imagined

Kickstarter co-Founder Yancey Strickler explained how the service lived between those two poles to Walker. “Money demands answers,” he said. “People want to put money into things that they think will be successful, and to be successful you have to participate in the market, and the market has very specific rules.” At times, the market rewarded good ideas, like the multimillion dollar Pebble smartwatch. But it didn’t take too long for people to realize that money begets more money. Soon, bigger players with better PR and marketing came to the platform and succeeded, as Technology Review‘s David Zax laments: 

What I love about Kickstarter is that any scrappy entrepreneur with an idea can go out there and get funding for his back-of-napkin vision. When you look at the two most successful Kickstarter campaigns to date (here, the runner-up), they involve established or semi-established companies whose promotional videos wear their production value on their sleeve. These aren’t rogue designers, tinkerers, or DIY “makers.” And this isn’t, in a meaningful sense, a kick-start–it’s a 90-yard punt.

Kickstarter entered most people’s consciousness around this time, when it focused more on commercial success. The funding of huge projects like Pebble and that Tim Schafer project led to a saturation of crap on the site from people just trying to get rich quick. And it made some especially mad because it felt like people hitting friends up for money, not a deserved artist seeking philanthropy. The site has turned into more of an online panhandling forum, as Ryan Tate writing for Gawker explained last year, than the people’s republic of crowd-funding for the greater good. 

RELATED: Everything to Know About the Dan Harmon, Charlie Kaufman Kickstarter

Perhaps this huge Björk failure is the manifestation of those feelings. She should have succeeded, with her well produced Kickstarter video touting a project tied to an album with both commercial and critical success. It shouldn’t have mattered that Björk has a ton of her own money, she played by the market rules Strickler talked about. But, it didn’t work out like that. Perhaps that’s because her project, which mixed philanthropy with art, reminded people that the site was once for “starving artist” types, not for rich people to use as PR for their charities.  

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Asian shares inch higher on solid China trade data

TOKYO (Reuters) - Asian shares edged up on Friday after China's trade data for January handily beat forecasts to underscore a recovery trend, but prices were capped by investors seeking to book profits before next week's Chinese new year holidays.

The MSCI's broadest index of Asia-Pacific shares outside Japan <.miapj0000pus> edged up 0.2 percent, wiping earlier losses when bearish sentiment was carried over from overnight after European Central Bank President Mario Draghi noted risks still facing the euro zone economy. The pan-Asian index rose to a 18-month high on Monday.

China said its exports grew 25.0 percent in January from a year ago, the strongest showing since April 2011 and well ahead of market expectations for a 17 percent rise, while imports also beat forecasts, surging 28.8 percent on the year.

"China's economic conditions are improving and the trade data confirms the continuation of a recovery trend. Not just the trade data but retail, production and investment flows clearly show that the economy bottomed out in the third quarter last year," said Hirokazu Yuihama, a senior strategist at Daiwa Securities in Tokyo.

U.S. stocks edged lower while disappointing results from French drugmaker Sanofi sent European shares down to 2013 closing lows.

Australian shares rose 0.5 percent while South Korean shares <.ks11> climbed 0.6 percent, on track to reverse six losing sessions as investors bought up auto shares after recent declines.

Japan's Nikkei stock average <.n225> fell 1.4 percent as investors took profits from the index's surge to a its highest level since October 2008 on Wednesday. <.t/>

"Asian markets are undergoing a pre-holiday adjustment, keeping prices top-heavy, with many opting to book profits. Prices have gained sharply over the past months, so a correction is healthy. But the upward trend in Asian equities markets remains intact," Daiwa's Yuihama said.

EURO STEADIES

The euro was off its two-week lows hit the previous session as investors took Draghi's comments as signalling concerns about the euro and Europe's growth outlook, boosting the dollar <.dxy> to a one-month high against a basket of key currencies.

The euro edged up 0.1 percent to $1.3410, after slumping to a two-week low of $1.33705 on Thursday, but still below a 14-1/2-month high against of $1.3711 hit last week.

The ECB kept interest rates at a record low 0.75 percent at its policy meeting on Thursday. Draghi said the ECB will monitor the economic impact of a strengthening euro, feeding expectations the currency's climb could open the door to an interest rate cut.

While Draghi said the exchange rate was not a policy target but is important for growth and price stability, he also noted the euro's appreciation was a sign of returning confidence in the currency.

Spain sold more debt than planned on Thursday, auctioning over 18 percent of its full-year medium- and long-term funding target. The strong demand indicated easing worries about Madrid's financing ability despite political uncertainty over a corruption scandal.

The yen remained near lows against the dollar and the euro.

Data showed on Friday Japan logged a current account deficit for a second straight month in December, resulting in its smallest annual surplus on record in 2012, with evidence of deteriorating trade balances supporting the yen's weakening trend.

"Japan will remain a nation of current account surpluses but the surplus will not be as high as it used to be," said Takeshi Minami, chief economist at Norinchukin Research Institute in Tokyo.

The dollar eased 0.1 percent to 93.53 yen after reaching 94.075 yen, its highest since May 2010 on Wednesday. The euro inched up 0.1 percent to 125.43 yen, having hit its strongest since April 2010 of 127.71 yen on Wednesday.

"Currencies are increasingly becoming part of the policy debate...In the case of the EUR, we believe that the bullish 'overshooting' trend will remain intact as ECB policy continues to promote an asset market friendly environment," Morgan Stanley said in a note.

Morgan Stanley added that the anticipation of the Bank of Japan taking bolder easing steps is set to keep the weak yen trend going, supporting global risk appetite.

U.S. crude futures and Brent were both up 0.2 percent to $96.01 a barrel and $117.48 respectively.

London copper added 0.5 percent to $8,241 a tonne.

(Editing by Eric Meijer)

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Japan Spends Heavily to Keep Whaling Industry Afloat, Report Says

TOKYO — A wildlife conservation group said in a report on Wednesday that Japan has been propping up its whaling industry with nearly $400 million in tax money in recent years, stepping up subsidies even as consumption of whale meat here has slumped.

The report, compiled by the International Fund for Animal Welfare, in Yarmouth Port, Mass., challenges assertions by the Japanese government that whaling is a tradition with wide support among Japanese consumers.

Instead, government figures tallied in the report paint a picture of a struggling industry employing fewer than 1,000 people and dependent on public handouts, including money meant for reconstruction after the devastating earthquake and tsunami of March 2011.

Most Japanese consumers have turned away from whale meat. The industry shipped just 5,000 tons in 2011, compared with 233,000 tons at the peak in 1962, according to data from the Ministry of Agriculture, Forestry and Fisheries. Demand this year is so low that the industry has cut its planned shipments by half, to 2,400 tons.

“Whaling is unprofitable, and survives only with substantial subsidies, something cultural and nationalist arguments for whaling obscure,” said Patrick Ramage, the director of the animal welfare fund’s whale program. He said the country would be better off economically and ecologically if it promoted whale-watching tourism instead of hunting whales.

Japan’s Fisheries Agency declined to comment on the report, saying it had not yet studied its contents.

But an official, speaking on the condition of anonymity, said there was “nothing wrong with these subsidies, which fund an important program,” though it was “not the government’s responsibility to make whaling economically viable.”

A world moratorium on commercial whaling took effect in 1986, but Japan has taken advantage of an exception allowing whaling for research purposes to continue hunting, though environmental activists who chase whaling boats have made those hunts increasingly difficult. Japan has captured and killed more than 14,000 whales since the moratorium began.

The meat from the whales is sold off as “byproducts” of research, and it makes its way to supermarkets, restaurants and even school lunches. A government Web site says the most popular whale dishes are fried whale, whale sashimi and medium-rare whale steak.

According to figures from the Institute of Cetacean Research, the nonprofit organization set up to run the whaling program, income from whale meat has failed to cover the costs of whaling for the past five years. So subsidies have been increased, and some disaster aid has been diverted to the industry, prompting a public outcry.

The dire financial picture prompted the government to announce a plan last year to cut costs by reducing the annual catch and to sell more whale meat directly to schools for lunches. But experts doubt that those measures will make the whaling industry self-sufficient again. 

“The Japanese government has desperately defended whaling for years, but the question has increasingly become: for what?” said Yusuke Saskata, a professor of environmental economics at Kinki University in Osaka. “Supporting whaling culture is one thing, but maintaining whaling at this scale makes no sense.”

Hisako Ueno contributed research.

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American Idol: It's a Guys' Night in Hollywood

TV Watch

American Idol

By Jamie Bufalino

02/06/2013 at 11:00 PM EST

From left: Randy Jackson, Mariah Carey, Ryan Seacrest, Nicki Minaj and Keith Urban

George Holz/FOX

Caution: Contains spoilers!

"It does feel a bit like The Hunger Games," said Keith Urban, ramping up the drama as American Idol kicked off the first day of Hollywood Week. Although producers didn't unleash any tracker jackers on the contestants, they did throw in a couple unexpected twists: This season the week started off as a guys-only competition (the girls arrive in Hollywood next week), and after surviving a round of sudden death solo sing-offs, contestants would then be put into groups from which they couldn't escape.

During the solo round, the standouts included two memorable contestants from the nationwide auditions. First up, Navy man Micah Johnson, who developed a speech impediment after suffering through a botched surgery to remove his tonsils. After a rousing rendition of Elton John's "Bennie and the Jets," Johnson was the first to get the green light to the next round.

Joining him soon after was Cuban-American Lazaro Arbos, a 21-year-old ice cream scooper from Naples, Fla., who speaks with a severe stutter but sings with ease. Although Arbos admitted to being both "scared" and "petrified," he quickly won the judges over – Nicki Minaj made her fingers into a heart-shape while he sang – with his take on the Robbie Williams hit, "Angels."

When it came time to form groups of four, the Idol producers threw a few more curveballs – such as pairing a couple of country crooners with two flamboyant (think glitter and faux fur) dudes Ryan Seacrest described as the show's "resident divas."

The result: a quartet that dubbed themselves Country Queen, which delivered a train wreck of a performance. Still, somehow three of the four made it through.

Meanwhile, Arbos's group experience also proved to be a bit of a disaster – which some of his cohorts blamed on his inability to quickly learn the lyrics and melody to the Beach Boys hit "Wouldn't It Be Nice." Although his main nemesis got the boot, a tearful Arbos got the chance to sing another day.

The day of auditions came to a close with what was possibly the most heartbreaking Idol exit ever. New York City subway singer Frankie Ford got a case of the jitters before going on stage, then proceeded to screw up the lyrics and sing off key – leaving the judges no choice but to pull the plug on his dreams. Before walking off into the night, a sobbing Ford stared into the camera and said, "I swear to God I'm coming back next year and I'm going to win."

There will be more solos Thursday (8 p.m. ET), as the judges have to whittle the 43 men left in the competition down to 20 lucky fellas.

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New whooping cough strain in US raises questions

NEW YORK (AP) — Researchers have discovered the first U.S. cases of whooping cough caused by a germ that may be resistant to the vaccine.

Health officials are looking into whether cases like the dozen found in Philadelphia might be one reason the nation just had its worst year for whooping cough in six decades. The new bug was previously reported in Japan, France and Finland.

"It's quite intriguing. It's the first time we've seen this here," said Dr. Tom Clark of the Centers for Disease Control and Prevention.

The U.S. cases are detailed in a brief report from the CDC and other researchers in Thursday's New England Journal of Medicine.

Whooping cough is a highly contagious disease that can strike people of any age but is most dangerous to children. It was once common, but cases in the U.S. dropped after a vaccine was introduced in the 1940s.

An increase in illnesses in recent years has been partially blamed on a version of the vaccine used since the 1990s, which doesn't last as long. Last year, the CDC received reports of 41,880 cases, according to a preliminary count. That included 18 deaths.

The new study suggests that the new whooping cough strain may be why more people have been getting sick. Experts don't think it's more deadly, but the shots may not work as well against it.

In a small, soon-to-be published study, French researchers found the vaccine seemed to lower the risk of severe disease from the new strain in infants. But it didn't prevent illness completely, said Nicole Guiso of the Pasteur Institute, one of the researchers.

The new germ was first identified in France, where more extensive testing is routinely done for whooping cough. The strain now accounts for 14 percent of cases there, Guiso said.

In the United States, doctors usually rely on a rapid test to help make a diagnosis. The extra lab work isn't done often enough to give health officials a good idea how common the new type is here, experts said.

"We definitely need some more information about this before we can draw any conclusions," the CDC's Clark said.

The U.S. cases were found in the past two years in patients at St. Christopher's Hospital for Children in Philadelphia. One of the study's researchers works for a subsidiary of Johnson & Johnson, which makes a version of the old whooping cough vaccine that is sold in other countries.

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JournaL: http://www.nejm.org

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Shutterfly beats estimates, driven by holiday season

(Reuters) – Online photo-sharing service provider Shutterfly Inc’s results beat analysts‘ estimates in the traditionally strong fourth quarter on higher demand during the holiday season, particularly in its enterprise unit.

The company’s shares were up 13 percent in after-market trading.

Revenue at the enterprise business, earlier called the commercial print service, is derived from the printing and shipping of direct marketing and other variable data-print products and formats.

In 2011, the business represented about 3 percent of Shutterfly’s total sales of $ 473.3 million.

The company, which gets most of its revenue from professionally bound photo books, greeting and stationery cards and other photo-based merchandise, traditionally generates more than 50 percent of its annual revenue in the fourth quarter.

Net income rose to $ 53.0 million, or $ 1.40 per share, in the quarter ended December 31, from $ 35.4 million, or 97 cents per share, a year earlier.

Analysts had expected earnings of $ 1.01 per share, according to Thomson Reuters I/B/E/S.

Revenue increased 33 percent to $ 351.8 million, above analysts’ expectations of $ 309.7 million. [ID:nBw6GFrDza] The company’s revenue has now beaten analysts’ estimates for nine consecutive quarters.

Revenue at the enterprise segment rose 79 percent to $ 8.3 million.

Shutterfly, which competes mainly with Hewlett-Packard’s Snapfish, Webshots and Facebook Inc, expects a loss of between 39 cents and 42 cents per share on revenue of $ 107.2 million to $ 110 million for the first quarter.

Analysts were expecting a loss of 32 cents per share on revenue of $ 108.7 million.

The company’s shares, which have risen about 15 percent in the last three months, closed at $ 33.59 on the Nasdaq on Tuesday.

(This story was fixed to correct headline to “driven by holiday season” from “driven by enterprise business“)

(Reporting by Chandni Doulatramani in Bangalore; Editing by Maju Samuel)

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Boeing working on 787 battery changes for fire risk: WSJ

(Reuters) - Boeing Co is working on battery design changes that would minimize fire risks on its grounded 787 Dreamliner and could have the passenger jet flying again as soon as March, the Wall Street Journal reported on Wednesday.

Separately, U.S. aviation regulators said they would allow Boeing to make a one-off 787 flight from Texas to the aircraft maker's facility in Washington State, under strict conditions. Boeing said the plane, scheduled for delivery to China Southern Airlines , would be a "ferry" flight - used to relocate a plane without carrying passengers or conducting tests.

Regulators around the world grounded the technologically advanced 787 in mid-January after a battery fire in Boston and a second incident involving a battery on a flight in Japan.

Boeing is looking at changes within the 787's lithium-ion battery to keep heat or fire from spreading, though technical details have not yet been finalized or approved, the Wall Street Journal reported, citing unnamed government and industry officials. One of the paper's sources added that, under a best-case scenario, passenger flights could resume in March.

The Dreamliner's launch customer All Nippon Airways Co Ltd , which has the biggest fleet of the 250-seat planes, said it will cancel 1,887 flights, affecting more than 25,000 passengers, from March 1 to 30. The airline said on Thursday it had no information on Boeing's latest battery plans.

Boeing declined to comment on the newspaper report. GS Yuasa Corp , the Japanese firm that makes batteries for the 787, also declined to comment.

INVESTIGATIONS ONGOING

Air safety investigators from the United States and Japan have been investigating the battery incidents for three weeks. On Wednesday, the head of the U.S. National Transportation Safety Board (NTSB) said it was "probably weeks away" from completing its probe.

The NTSB is conducting the U.S. probe with help from Boeing, GS Yuasa, the Federal Aviation Administration (FAA) and battery experts from other U.S. federal agencies. No one has yet identified what caused the battery failures.

In Tokyo, one official said Japanese regulators had not been notified of any breakthrough in the U.S. battery investigation. "The investigation will continue as scheduled. Resuming flights in March ... seems far too optimistic to me," said the official who didn't want to be named as the investigation is ongoing.

One source familiar with the investigation told Reuters that Boeing engineers sprang into action "almost immediately" after the first battery incident to ensure the company could meet special FAA-approved conditions to allow lithium-ion batteries on the aircraft. "They can't afford to sit around with their planes on the ground," said the source, who was not authorized to speak publicly.

Boeing was pursuing multiple solutions to mitigate and contain a fire if one started in the batteries, part of a determined effort to get the 787s back in the air while a more permanent solution - possibly even a different battery - was explored.

Three or four different approaches would be pursued to ensure the batteries did not breach their containment systems, even if they caught fire, said the source.

"FERRY" FLIGHT

Boeing asked the FAA this week for permission to conduct new test flights of the 787, suggesting it is making progress in finding a solution to the problems, but the government agency has not yet announced a decision.

While that request is pending, the FAA said on Wednesday it would allow a one-time 787 "ferry" flight. The plane, with a minimum crew, would have to land immediately if the flight computer displays any battery-related messages. It was not immediately clear when the flight would take place.

Some 50 Dreamliners have been grounded while investigators try to solve the battery mystery.

Japan Airlines Co Ltd said this week it will talk to Boeing about compensation for the 787's grounding, which it expects to cost nearly $8 million from lost earnings through March. ANA has said it would seek compensation from Boeing once the amount of damages was clearer.

JAL said on Thursday it was also unaware of any Boeing plans to test new batteries.

(Reporting by Andrea Shalal-Esa in Washington, Bill Rigby in Seattle, Peter Henderson in San Francisco and Mari Saito in Tokyo; Editing by Gary Hill, Bernard Orr, Eric Walsh, Andre Grenon and Ian Geoghegan)

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Tsunami Fear After Quake Off Solomons

AUCKLAND, New Zealand — Residents of islands from the South Pacific to Australia were alerted to the possibility of a damaging tsunami on Wednesday after an 8.0-magnitude earthquake off the Solomon Islands, according to scientists and news reports from the area, but the warnings were called off a few hours later.

Edmal Palmer, the chief reporter of the Solomon Star newspaper in Honiara, the capital of the Solomon Islands, said in a telephone interview that reports from Lata, the capital of the Temotu province, were sketchy but indicated that the wave apparently had struck three villages.

“We have heard that a wave 103 centimeters high” — nearly three and a half feet — “has hit Lata, swamping the town, and five people are still missing at the moment,” Mr. Palmer said.

Lata, where the quake struck, is in Temotu Province, where the population is around 30,000. It is a three-hour flight from the Solomons’ capital, Honiara, which was not damaged by the earthquake or tsunami.

Mr. Palmer said Honiara residents were not concerned by the tsunami: “Most of us are getting ready for tonight’s UB40 concert.”

“Sea level readings indicate a tsunami was generated,” the Pacific Tsunami Warning Center said on its Web site. The earthquake struck around 11 a.m. local time in the Santa Cruz Islands, part of the Solomon chain. There were conflicting reports as to the depth of the quake.

The center said the tsunami warning was limited to the Solomon Islands, Vanuatu, Nauru, Papua New Guinea, Tuvalu, New Caledonia, Kosrae, Fiji, Kiribati, Wallis and Futuna.

A lesser alert, a tsunami watch, was declared for American Samoa, Australia, Guam, the Northern Marianas, New Zealand and eastern Indonesia.

The earthquake was not only powerful but also “shallow,” giving it significant potential to do damage, said Barry Hirshorn, a geophysicist with the National Weather Service in Hawaii. Moreover, it was a thrust earthquake, he said, meaning that the sea floor moved up or down, not sideways, contributing to the potential for a dangerous tsunami.

But after the earthquake, as scientists watched to see how far a tsunami might spread, there were few early indications of a major threat beyond the immediate area, Mr. Hirshorn said. A water rise of about three feet had been observed close to the quake, he said, still high enough to be potentially damaging but probably not big enough to threaten distant shores.

In New Zealand, thousands of people were at the beach, swimming in the sea on a glorious summer afternoon on Waitangi Day, a national holiday — quite oblivious to the potential for a tsunami. Tsunami sirens were set off late in the afternoon there, and people in coastal areas were being told to stay off beaches and out of the sea, rivers and estuaries.

The New Zealand Herald reported Wednesday afternoon on its Web site that tsunami sirens in Suva, the capital of Fiji, had been warning people to stay inside or go to higher ground.

The Sydney Morning Herald reported on its Web site Wednesday that the Solomon Islands’ National Disaster Management Office had advised those living in low-lying areas, especially on Makira and Malaita, to move to higher ground.

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Kim Kardashian's Pregnancy Is No Reason to Speed Divorce, says Kris Humphries

By Mike Fleeman

02/05/2013 at 09:20 PM EST

Kris Humphries and Kim Kardashian

Seth Browarnik/StarTraks

Kim Kardashian's baby is not even born yet and already is being drawn into mama's divorce.

Kardashian, carrying boyfriend Kanye West's child, has bristled at what she sees as stall tactics by estranged husband Kris Humphries to close the legal books on their 72-day marriage.

But Humphries's lawyer Marshall W. Waller writes that "what is really going on here is that an 'urgency' in the form of an apparently unplanned pregnancy" is being used by Kardashian as "an opportunity to gain a litigation advantage (to) prematurely set this matter for trial."

He adds parenthetically that the pregnancy is "something (Humphries) had nothing to do with."

Waller explains his reasoning for calling the pregnancy as unplanned: "Indeed, why would (she) plan to get pregnant in the midst of divorce proceedings?"

Kardashian, herself, recently addressed the timing.

"God brings you things at a time when you least expect it," she said last month. "I'm such a planner and this was just meant to be. What am I going to? Wait years to get a divorce? I'd love one. It's a process."

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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.

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