Andre 3000 isn't in a rush to record new album

NEW YORK (AP) — In order to capture his best version of Jimi Hendrix for an upcoming biopic, Andre 3000 said he had to think of him as a regular dude and not a rock star.

"I didn't look at him as an icon because when you're in it, you don't know you're an icon. You don't know you're an icon until another people say you're an icon," the 37-year-old said in an interview Tuesday.

"So I had to take it as a person, you know what I mean? And I just tried to say, 'Well, what would Jimi want people to know that they can't get off of YouTube?' And that's how I approached it," he said.

Hendrix died at age 27 in 1970. He was ranked No. 1 on Rolling Stone magazine's greatest guitarists of all-time list. His band, The Jimi Hendrix Experience, is known for iconic albums such as "Electric Ladyland" and "Are You Experienced."

"All Is by My Side," which focuses on the early days of Hendrix's career, will be released next year. Andre 3000 is excited to see the film, which he's finished shooting in Ireland. He believes the public "will be pleased."

Andre 3000, one-half of OutKast with Big Boi, has been out of the music scene in recent years, although he's been featured on songs by Beyonce, Frank Ocean, Rick Ross, Ke$ha and Young Jeezy.

OutKast's 2006 platinum-selling album, "Idlewild," which accompanied a film of the same name starring the duo, was their last album. Their 11-time platinum "Speakerboxxx/The Love Below" won the 2004 Grammy Award for album of the year.

Big Boi, who released a solo album two years ago to welcoming reviews, will release a new solo disc, "Vicious Lies and Dangerous Rumors," next month.

But Andre 3000 isn't in a rush to record an album.

"Some days I feel like I'll do it, some days I don't. Some days I feel like I don't need to, some days I feel like I want to do it before I die. So, I don't know where to fall. I am just hoping one day I get that inspiration," he said at an event for Gillette's eMO'gency Styler Tour, which supports men's health and prostate cancer programs. The tour kicked off in New York, with stops scheduled in Chicago and Houston.

"It's a feeling for me. Like, I can't just throw out an album to be rapping," he said. "And I don't even know if it will be rap. I don't even know what it will be."

However, he could find the inspiration and complete an album in just a few days: "It could be a rush situation. Like if I feel that feeling and I record an album in three days and I'm like, 'This is what I want to say right now' — that can happen, too."

He also says he's constantly writing songs.

"I write all the time. ... I actually stopped typing it in my phone because like a cloud is basically reading every thought that I have and I don't like that," he said. "So I went back to my paper and started writing."

He's not sure fans want a new OutKast album for the right reasons.

"Man, we've had a great ride. ... Like when we got into it when we were high school kids and we just wanted to do something fun and push it, and if it's not that then why do it?" he said.

"I'm not the type that prescribes to nostalgia, and most people say they want an OutKast album because they used to love it. Y'all don't even know if y'all still love it. You just know you used to love it. But you may not like it now, who knows?"

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Follow Mesfin Fekadu on Twitter at http://twitter.com/musicmesfin

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I Was Misinformed: The Time She Tried Viagra





I have noticed, in the bragging-rights department, that “he doesn’t need Viagra” has become the female equivalent of the male “and, I swear, she’s a real blonde.” Personally, I do not care a bit. To me, anything that keeps you happy and in the game is a good thing.




But then, I am proud to say, I was among the early, and from what I gather, rare female users.


It happened when the drug was introduced around 1998. I was 50, but after chemotherapy for breast cancer — and later, advanced ovarian cancer — I was, hormonally speaking, pretty much running on fumes. Whether this had diminished my sex drive I did not yet know. One may have Zorba-esque impulses when a cancer diagnosis first comes in; but a treatment that leaves you bald, moon-faced and exhausted knocks that out of your system pretty fast.


But by 1998, the cancer was gone, my hair was back and I was ready to get back in the game. I was talking to an endocrinologist when I brought up Viagra. This was not to deal with the age-related physical changes I knew it would not address, it was more along the feminist lines of equal pay for equal work: if men have this new sex drug, I want this new sex drug.


“I know it’s supposed to work by increasing blood flow,” I told the doctor, “But if that’s true for men, shouldn’t it be true for women, too?”


“You’re the third woman who asked me that this week,” he said.


He wrote me a prescription. I was not seeing anyone, so I understood that I would have to do both parts myself, but that was fine. I have a low drug threshold and figured it might be best the first time to fly solo. My memory of the directions are hazy: I think there was a warning that one might have a facial flush or headaches or drop dead of a heart attack; that you were to take a pill at least an hour before you planned to get lucky, and, as zero hour approached, you were supposed to help things along by thinking beautiful thoughts, kind of like Peter Pan teaching Wendy and the boys how to fly.


But you know how it is: It’s hard to think beautiful thoughts when you’re wondering, “Is it happening? Do I feel anything? Woof, woof? Hello, sailor? Naaah.”


After about an hour, however, I was aware of a dramatic change. I had developed a red flush on my face; I was a hot tomato, though not the kind I had planned. I had also developed a horrible headache. The sex pill had turned into a bad joke: Not now, honey, I have a headache.


I put a cold cloth on my head and went to sleep. But here’s where it got good: When I slept, I dreamed; one of those extraordinary, sensual, swimming in silk sort of things. I woke up dazed and glowing with just one thought: I gotta get this baby out on the highway and see what it can do.


A few months later I am fixed up with a guy, and after a time he is, under the Seinfeldian definition of human relations (Saturday night date assumed) my official boyfriend. He is middle aged, in good health. How to describe our romantic life with the delicacy a family publication requires? Perhaps a line from “Veronika, der Lenz ist da” (“Veronica, Spring Is Here”), a song popularized by the German group the Comedian Harmonists: “Veronika, der Spargel Wächst” (“Veronica, the asparagus are blooming”). On the other hand, sometimes not. And so, one day, I put it out there in the manner of sport:


“Want to drop some Viagra?” I say.


Here we go again, falling into what I am beginning to think is an inevitable pattern: lying there like a lox, or two loxes, waiting for the train to pull into the station. (Yes, I know it’s a mixed metaphor, but at least I didn’t bring in the asparagus.) So there we are, waiting. And then, suddenly, spring comes to Suffolk County. It’s such a presence. I’m wondering if I should ask it if it hit traffic on the L.I.E. We sit there staring.


My reaction is less impressive. I don’t get a headache this time. And romantically, things are more so, but not so much that I feel compelled to try the little blue pills again.


Onward roll the years. I have a new man in my life, who is 63. He does have health problems, for which his doctor prescribes an E.D. drug. I no longer have any interest in them. My curiosity has been satisfied. Plus I am deeply in love, an aphrodisiac yet to be encapsulated in pharmaceuticals.


We take a vacation in mountain Mexico. We pop into a drugstore to pick up sunscreen and spot the whole gang, Cialis, Viagra, Levitra, on a shelf at the checkout counter. No prescription needed in Mexico, the clerk says. We buy all three drugs and return to the hotel. I try some, he tries some. In retrospect, given the altitude and his health, we are lucky we did not kill him. I came across an old photo the other day. He is on the bed, the drugs in their boxes lined up a in a semi-circle around him. He looks a bit dazed and his nose is red.


Looking at the picture, I wonder if he had a cold.


Then I remember: the flush, the damn flush. If I had kids, I suppose I would have to lie about it.



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DealBook: In a Switch, Investors Are Buying European Bank Bonds

LONDON — European bank debt, once an investment pariah, is suddenly popular.

In recent weeks, money managers have been readily buying the new bonds of the region’s financial institutions, deals that just months ago would have seemed unpalatable. Bank of Ireland, which received a bailout in 2010, sold $1.3 billion of bonds on Tuesday and found strong demand. It was the largest offering by an Irish bank without a government guarantee in almost three years.

The gradual thawing of the capital markets is a good sign for the region’s banks. In the midst of the crisis, institutions, especially in troubled economies like Ireland and Portugal, have been struggling to raise money from private investors. The latest deals will help bolster banks’ capital levels and strengthen their balance sheets.

But the bonds could leave investors exposed, especially given the precarious situation in Europe. The sovereign debt crisis continues to weigh on the economy. The financial markets remain volatile. And profit at the region’s banks is flagging.

“It’s a great time to be issuing high-yield debt but not to be investing in it,” said Robin Doumar, managing partner at the private equity firm Park Square Capital.

For now, bondholders are taking comfort in the policy makers’ response to the sovereign debt crisis.

In late August, the European Central Bank began an unlimited bond-buying program aimed at lowering countries’ borrowing costs and breathing life into local economies. By essentially offering a blank check to help Europe’s troubled governments, policy makers calmed short-term fears that some of the region’s banks might need to be bailed out, reviving interest in the companies’ bonds.

“The biggest driver of demand has been the policy responses from the European Central Bank,” said Melissa Smith, head of European high-grade debt capital markets at JPMorgan Chase in London. “It’s provided stability as policy makers have stated their commitment to preserving the euro zone.”

With interest rates at record lows, European bank debt looks especially appealing to investors.

On Thursday, the British bank Barclays sold $3 billion of 10-year bonds at 7.6 percent. The Portuguese lender Banco Espírito Santo recently issued $958 million worth of debt at 5.9 percent.

By comparison, a 10-year Treasury is paying 1.8 percent. Germany has offered a negative yield on some of its sovereign debt maturities this year.

Even the yields on junk bonds, the risky corporate debt that pays high interest rates, are coming down as investors pile into such securities. The average yield is now just 5.8 percent, according to a Bank of America Merrill Lynch index. Historically, they have paid 10 percent or even more.

“There’s been a huge contraction,” said Robert Ellison, head of European debt capital markets for financial institutions at UBS in London.

The industry has been quick to capitalize on investors’ desperate hunt for returns. Banks in Europe have issued a combined $318 billion of unsecured debt so far this year, almost triple the amount raised by their American counterparts, according to the data provider Dealogic.

The capital markets are being discerning. This year, well-financed companies in Northern Europe, like Nordea Bank of Sweden, have been able to sell the largest lots of bonds at relatively reasonable rates. Smaller banks, particularly in Southern Europe, have had to offer investors better rates to win support for their bond deals.

Even so, it is a stark contrast from almost a year ago. With the capital markets paralyzed, the European Central Bank then had to step in to stabilize the banks, offering $1.3 trillion in short-term, low-cost loans to financial companies.

As they find renewed interest from private investors, European banks can more easily raise money, fortifying their balance sheets in case of unexpected losses. At regulators’ behest, financial institutions in the region have been increasing their capital levels.

But bond investors, in their thirst for yield, may be overlooking signs of potential trouble.

Barclays, for instance, sold a controversial type of debt, known as contingent convertible bonds. With these so-called CoCo bonds, investors can be wiped out if the bank’s capital falls below a certain threshold. While Barclays’ balance sheet is in good shape, bondholders’ willingness to accept such conditions highlights the risks in the market. Traditional bondholders can usually recoup at least some of their principal even if a company goes bankrupt.

At the same time, many European financial institutions are still in fragile shape. The Bank of Ireland, in which the Irish government still has a small stake, is struggling to divest itself of many risky loans that it made before the financial crisis. Portugal’s economy is also expected to contract 3 percent this year, which will probably depress the earnings of Banco Espírito Santo.

The question for investors is whether the reward is worth the risk.

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Frederick Humphries, F.B.I. Agent in Petraeus Case





DOVER, Fla. — The F.B.I. agent who helped start the investigation that led to the resignation of David H. Petraeus as C.I.A. director is a “hard-charging” veteran counterterrorism investigator who used his command of French in investigating the foiled “millennium” terrorist plot in 1999, colleagues said on Wednesday.




The agent, Frederick W. Humphries II, 47, took the initial complaint from Jill Kelley, the Tampa, Fla., hostess who was socially active in military circles there, about e-mails she found disturbing that accused her of inappropriately flirtatious behavior toward Mr. Petraeus. The subsequent cyberstalking investigation uncovered an extramarital affair between Mr. Petraeus and Paula Broadwell, his biographer, who agents determined had sent the anonymous e-mails. It also ensnared Gen. John R. Allen, who now commands troops in Afghanistan, after the investigation discovered that he had sent “inappropriate communication” to Ms. Kelley.


Colleagues and news reports described the role of Mr. Humphries, in just his third year at the F.B.I., in building the case against Ahmed Ressam, who was detained as he tried to enter the United States from Canada in 1999 with a plan to set off a bomb at Los Angeles International Airport.


In May 2010, after he had moved to the Tampa field office, Mr. Humphries was attacked outside the gate of MacDill Air Force Base by a disturbed knife-wielding man. He fatally shot the man, and the shooting was later ruled to be an appropriate use of force, according to bureau records and colleagues.


Two former law enforcement colleagues said Mr. Humphries was a solid agent with experience in counterterrorism, conservative political views and a reputation for aggressiveness.


“Fred is a passionate kind of guy,” said one former colleague. “He’s kind of an obsessive type. If he locked his teeth onto something, he’d be a bulldog.”


That description would appear to fit his involvement in the current investigation.


Mr. Humphries passed on Ms. Kelley’s complaint to the cybersquad in the Tampa field office but was not assigned to the case. He was later admonished by supervisors who thought he was trying to insert himself improperly into the investigation.


Convinced that the case was being stalled for political reasons, Mr. Humphries in late October contacted Representative Dave Reichert, a Republican from Washington State, where the F.B.I. agent had worked previously, to inform him of the case. Mr. Reichert put him in touch with the House majority leader, Eric Cantor, who passed the message to the F.B.I. director, Robert S. Mueller III.


Lawrence Berger, the general counsel for the Federal Law Enforcement Officers Association, who spoke with Mr. Humphries, said that Mr. Humphries only received the information from Ms. Kelley and never played a role in the investigation.


Mr. Berger said that Mr. Humphries and his wife had been “social friends with Ms. Kelley and her husband prior to the day she referred the matter to him.”


“They always socialized and corresponded,” he said.


Mr. Berger took issue with news media reports that have said his client sent shirtless pictures of himself to Ms. Kelley.


“That picture was sent years before Ms. Kelley contacted him about this, and it was sent as part of a larger context of what I would call social relations in which the families would exchange numerous photos of each other,” Mr. Berger said.


The photo was sent as a “joke” and was of Mr. Humphries “posing with a couple of dummies.” Mr. Berger said the picture was not sexual in nature.


In regard to his client speaking with Mr. Cantor, Mr. Berger declined to address the issue, saying only that his client “had followed F.B.I. protocols.”


“No one tries to become a whistle-blower,” he said. “Consistent with F.B.I. policy, he referred it to the proper component.”


A law enforcement official said that disclosing a confidential investigation even to members of Congress could violate F.B.I. rules. But the official said Mr. Humphries’s conduct was under review and that he had not been suspended or punished in any way.


On Wednesday afternoon, a man standing in the driveway of Mr. Humphries’s home who appeared to be him said, in response to questions from a reporter for The New York Times, that his first name was not Fred. The man then walked into the house, closed the front door and did not respond to the door bell’s being rung several times.


Michael S. Schmidt reported from Dover, Scott Shane from Washington, and Alain Delaquérière from New York. Eric Schmitt contributed reporting from Washington.



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Steve Wozniak, Danny Trejo to appear in 8-bit video game
















LOS ANGELES (TheWrap.com) – When it comes to the iPhone, Steve Jobs created it, but Steve Wozniak got game.


The Apple co-founder will appear as a playable character in an upcoming iOS video game “Danny Trejo‘s Vengeance: Woz with a Coz.”













The game, slated to be released around November 22, puts Wozniak alongside “Machete” star Trejo in an 8-bit mobile game, fighting a city full of enemies with an assortment of weapons.


The plot is simple: “Woz” is forced to save his wife, J-Woz, after she is kidnapped by street thugs. Teaming up with Vengence, Woz tears up Fusion City in his quest to rescue her.


“Featuring an over-the-top, old school inspired action combined with a retro 8-bit and exciting gritty art style, players will enjoy Woz’s brain power, translator apps, Danny Trejo’s machetes, guns and other crazy upgrades,” a Facebook fan page devoted to the game says.


Other playable characters will include musician Baby Bash and MMA World Champion “Suga” Rashad Evans.


Gaming News Headlines – Yahoo! News



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Shania Twain makes horseback arrival for Vegas gig

LAS VEGAS (AP) — Country music star Shania Twain arrived on horseback Wednesday for a two-year headline gig at Caesars Palace, parading up the Las Vegas Strip with a herd of 40 horses.

Promoters called the event a stampede, but hooves were kept to a steady, slow gait by nine wranglers who escorted Twain to a reception crowd of several hundred people in front of the famous Caesars fountains. Dozens more people watched from the sidewalk of the Flamingo resort across Las Vegas Boulevard.

"We could either lose a few hundred dollars inside or come out and see what kind of spectacle she puts on," said Steve Huffman, a UPS manager from Charleston, W.Va., who watched with his wife, Debi, from an overhead pedestrian walkway.

The couple was in town for his 52nd birthday and learned through a Twitter message that Twain planned to arrive on a horse. They identified Twain's hit, "Man, I Feel Like a Woman," as the country singer rode up the street, and they said they'll plan to see the show next year.

"Still The One" blasted on speakers as Twain stepped onto a temporary outdoor stage near fountains made famous by events including daredevil Evel Knievel's motorcycle crash during a stunt on New Year's Eve 1967.

To some, Twain's arrival echoed singer Frank Sinatra's heralded arrival on a camel at the old Dunes hotel in September 1955.

Twain's show titled "Shania: Still the One" opens Dec. 1 at the nearly 4,300-seat Colosseum at Caesars Palace. The venue also hosts entertainers Celine Dion, Elton John, Jerry Seinfeld and others.

Twain, 47, is touted as one of the best-selling female country artists of all time. The Canadian singer-songwriter has sold more than 75 million albums worldwide.

Las Vegas police, including several on horseback, diverted traffic on the busy casino corridor for about 30 minutes for the spectacle.

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Recurring Lyme Disease Symptoms Caused by New Infection, Study Finds





When people who have been treated for Lyme disease recover but later come down with its symptoms again, is the illness a relapse or a new infection?




The question has lingered for years. Now, a new study finds that repeat symptoms are from new infections, not from relapses.


The results challenge the notion, strongly held by some patients and advocacy groups, that Lyme disease, a bacterial infection, has a tendency to resist the usual antibiotic treatment and turn into a chronic illness that requires months or even years of antibiotic therapy.


The conclusion that new symptoms come from new infections is based on genetically fingerprinting the Lyme bacteria in people who have had the illness more than once, and finding that the fingerprints do not match. The result means that different episodes of Lyme in each patient were caused by different strains of the bacteria, and could not have been relapses.


The study, by researchers at the University of Pennsylvania and New York Medical College, in Valhalla, was published online on Wednesday in The New England Journal of Medicine.


An estimated 20,000 to 30,000 cases of Lyme disease occur each year in the United States. The disease is caused by a bacterium, Borrelia burgdorferi, that is carried by deer ticks. It often begins with an expanding zone of red skin — a symptom called erythema migrans — around the tick bite, but sometimes in other areas too. Fever, headaches, fatigue and aches and pains often follow.


Untreated, the disease can cause heart and neurological problems and arthritis, with symptoms that can come and go for years. Advanced cases that have gone months or years before being treated are most likely to result in persistent arthritis.


But when the disease is detected earlier, treatment with an antibiotic, usually two to four weeks of doxycycline, can get rid of the bacteria, according to infectious disease experts. Even advanced cases can be cleared by the drugs, doctors say, though an extra month or so of treatment may be needed. Symptoms like pain and fatigue can linger even after the bacteria are gone, possibly because the infection caused abnormalities in the immune system.


However, some doctors, patients and advocacy groups think that the bacteria themselves can somehow hang on despite treatment, even in cases caught early, and cause a chronic infection that requires long-term treatment with antibiotics. In some cases, people with unexplained pain, fatigue and cognitive problems have been told they had chronic Lyme disease even though blood tests found no evidence of the infection.


Several controlled studies have found that long-term antibiotics did not help people who had already been treated for Lyme disease but had such lingering problems.


Despite the data, the belief has hung on that Lyme disease bacteria can cause a chronic infection even after treatment.


The researchers who conducted the new study wanted to test that idea by finding out whether people who had repeated bouts of the disease were actually having relapses. They identified 17 patients who had erythema migrans — the rash — more than once between 1991 and 2011. Most had it twice, at least a year apart, but a few patients had it three times and one had four cases. Many had other symptoms as well, and more than half had signs of widespread systemic infection. All were treated, and recovered fully.


Lyme bacteria were grown from skin or blood samples taken from the patients when they had the rash, and the researchers analyzed a bacterial gene that varies from one strain to another. For each patient, they compared the genes from different cases of the rash. The genotypes did not match, which the researchers said proved that each rash represented a new infection, not a relapse.


In an editorial accompanying the article, Dr. Allen C. Steere, a Harvard professor who was the first to identify Lyme disease, said the new study supported previous research suggesting that new infections, not relapses, were the cause of new symptoms in people who had taken antibiotics to treat earlier cases of the disease.


Dr. Steere acknowledged that symptoms, sometimes disabling ones, do linger for months after treatment in as many as 10 percent of patients. Doctors do not know why. But, Dr. Steere said, “antibiotics are not the answer.”


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5-Hour Energy Is Cited in 13 Death Reports





Federal officials have received reports of 13 deaths over the last four years that cited the possible involvement of 5-Hour Energy, a highly caffeinated energy shot, according to Food and Drug Administration records and an interview with an agency official.




The disclosure of the reports is the second time in recent weeks that F.D.A. filings citing energy drinks and deaths have emerged. Last month, the agency acknowledged it had received five fatality filings mentioning another popular energy drink, Monster Energy.


Since 2009, 5-Hour Energy has been mentioned in some 90 filings with the F.D.A., including more than 30 that involved serious or life-threatening injuries like heart attacks, convulsions and, in one case, a spontaneous abortion, a summary of F.D.A. records reviewed by The New York Times showed.


The filing of an incident report with the F.D.A. does not mean that a product was responsible for a death or an injury or contributed in any way to it. Such reports can be fragmentary in nature and difficult to investigate.


The distributor of 5-Hour Energy, Living Essentials of Farmington Hills, Mich., did not respond to written questions about the filings, and its top executive declined to be interviewed. Living Essentials is a unit of the product’s producer, Innovation Ventures.


However, in a statement, Living Essentials said the product was safe when used as directed and that it was “unaware of any deaths proven to be caused by the consumption of 5-Hour Energy.”


Since the public disclosure of reports about Monster Energy, its producer, Monster Beverage of Corona, Calif., has repeatedly said that its products are safe, adding that they were not the cause of any of the health problems reported to the F.D.A.


Shares of Monster Beverage, which traded above $80 earlier this year, closed Wednesday at $44.74.


The fast-growing energy drink industry is facing increasing scrutiny over issues like labeling disclosures and possible health risks. Some lawmakers are calling on the F.D.A. to increase its regulation of the products and the New York State attorney general is investigating the practices of several producers.


Unlike Red Bull, Monster Energy and some other energy drinks that look like beverages, 5-Hour Energy is sold in a two-ounce bottle referred to as a shot. The company does not disclose the amount of caffeine in each bottle, but a recent article published by Consumer Reports placed that level at about 215 milligrams.


An eight-ounce cup of coffee, depending on how it is made, can contain from 100 to 150 milligrams of caffeine.


The F.D.A. has stated that it does not have sufficient scientific evidence to justify changing how it regulates caffeine or other ingredients in energy products. The issue of how to do so is complicated by the fact that some high-caffeine drinks, like Red Bull, are sold under agency rules governing beverages, while others, like 5-Hour Energy and Monster Energy, are marketed as dietary supplements. The categories have differing ingredient rules and reporting requirements.


In an interview Wednesday, Daniel Fabricant, the director of the agency’s division of dietary supplement programs, said the agency was looking into the death reports that cited 5-Hour Energy. He said that while medical information in such reports could rule out a link with the product, other reports could contain insufficient information to determine what role, if any, a supplement might have played.


Mr. Fabricant said that the 13 fatality reports that mentioned 5-Hour Energy had all been submitted to the F.D.A. by Living Essentials. Since late 2008, producers of dietary supplements are required to notify the F.D.A. when they become aware of a death or serious injury that may be related to their product.


Currently, the agency does not publicly disclose adverse event filings about dietary supplements like 5-Hour Energy. Companies that market energy drinks as beverages are not required to make such reports to the agency, although they can do so voluntarily, Mr. Fabricant said.


Along with caffeine, 5-Hour Energy contains other ingredients, like very high levels of certain B vitamins and an amino acid called taurine.


Reached by telephone, the chief executive of the Living Essentials, Manoj Bhargava, declined to discuss the filings and said he believed an article about the reports would cast the company in a negative light.


“I am not interested in making any comment,” Mr. Bhargava said.


Subsequently, the company issued a statement that said, among other things, that it took “reports of any potential adverse event tied to our products very seriously,” adding that the company complied “with all of our reporting requirements” to the F.D.A.


The company also stated that it marketed 5-Hour Energy to “hardworking adults who need an extra boost of energy.” The product’s label recommends that it not be used by woman who are pregnant or by children under 12 years of age.


The number of reports filed with the F.D.A. that mention 5-Hour Energy appears particularly striking. In 2010, for example, the F.D.A. received a total of 17 fatality reports that mentioned a dietary supplement or a weight loss product, two broad categories that cover more than 50,000 products, according to Mr. Fabricant, the F.D.A. official.


He added that it was difficult to put the volume of 5-Hour Energy filings into context because he believed that some supplement manufacturers were probably not following the mandated reporting rules and that consumers and doctors might also be unaware that they can file incident reports with the agency. Last year, the F.D.A. received only 2,000 reports about fatalities or serious injuries that cited dietary supplements and weight loss products, he said.


Another federal agency, the Substance Abuse and Mental Health Services Administration, reported late last year that more than 13,000 emergency room visits in 2009 were associated with energy drinks alone.


Along with Living Essentials, The Times sent queries last week to several producers asking whether they had received reports linking fatalities or serious injuries to their products.


Representatives for two of those companies — Red Bull and Coca-Cola, which sells NOS and Full Throttle — said they were unaware of any such reports. A representative for PepsiCo, which makes Amp, also said it was unaware of any such reports.


In addition to Red Bull, NOS, Full Throttle and Amp are also marketed as beverages, rather than as dietary supplements.


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News Analysis: Petraeus Case Raises Concerns About Americans’ Privacy





The F.B.I. investigation that toppled the director of the C.I.A. and now threatens to tarnish the reputation of the top American commander in Afghanistan underscores a danger that civil libertarians have long warned about: that in policing the Web for crime, espionage and sabotage, government investigators will unavoidably invade the private lives of Americans.




On the Internet, and especially in e-mail, text messages, social network postings and online photos, the work lives and personal lives of Americans are inextricably mixed. Private, sensitive messages are stored for years on computer servers, available to be discovered by investigators who may be looking into completely unrelated matters.


In the current F.B.I. case, a Tampa woman, Jill Kelley, a friend both of David H. Petraeus, the former C.I.A. director, and Gen. John R. Allen, the top NATO commander in Afghanistan, was disturbed by a half-dozen anonymous e-mails she had received in June. She took them to an F.B.I. agent whose acquaintance with Ms. Kelley (he had sent her shirtless photos of himself — electronically, of course) eventually prompted his bosses to order him to stay away from the investigation.


But a squad of investigators at the bureau’s Tampa office, in consultation with prosecutors, opened a cyberstalking inquiry. Although that investigation is still open, law enforcement officials have said that criminal charges appear unlikely.


In the meantime, however, there has been a cascade of unintended consequences. What began as a private, and far from momentous, conflict between two women, Ms. Kelley and Paula Broadwell, Mr. Petraeus’s biographer and the reported author of the harassing e-mails, has had incalculable public costs.


The C.I.A. is suddenly without a permanent director at a time of urgent intelligence challenges in Syria, Iran, Libya and beyond. The leader of the American-led effort to prevent a Taliban takeover in Afghanistan is distracted, at the least, by an inquiry into his e-mail exchanges with Ms. Kelley by the Defense Department’s inspector general.


For privacy advocates, the case sets off alarms.


“There should be an investigation not of the personal behavior of General Petraeus and General Allen but of what surveillance powers the F.B.I. used to look into their private lives,” Anthony D. Romero, executive director of the American Civil Liberties Union, said in an interview. “This is a textbook example of the blurring of lines between the private and the public.”


Law enforcement officials have said they used only ordinary methods in the case, which might have included grand jury subpoenas and search warrants. As the complainant, Ms. Kelley presumably granted F.B.I. specialists access to her computer, which they would have needed in their hunt for clues to the identity of the sender of the anonymous e-mails. While they were looking, they discovered General Allen’s e-mails, which F.B.I. superiors found “potentially inappropriate” and decided should be shared with the Defense Department.


In a parallel process, the investigators gained access, probably using a search warrant, to Ms. Broadwell’s Gmail account. There they found messages that turned out to be from Mr. Petraeus.


Marc Rotenberg, executive director of the Electronic Privacy Information Center in Washington, said the chain of unexpected disclosures is not unusual in computer-centric cases.


“It’s a particular problem with cyberinvestigations — they rapidly become open-ended, because there’s such a huge quantity of information available and it’s so easily searchable,” he said, adding, “If the C.I.A. director can get caught, it’s pretty much open season on everyone else.”


For years now, as national security officials and experts have warned of a Pearl Harbor cyberattack that could fray the electrical grid or collapse stock markets, policy makers have jostled over which agencies should be assigned the sensitive task of monitoring the Internet for dangerous intrusions.


Advocates for civil liberties have been especially wary of the National Security Agency, whose expertise is unrivaled but whose immense surveillance capabilities they see as frightening. They have successfully urged that the Department of Homeland Security take the leading role in cybersecurity.


That is in part because the D.H.S., if far from entirely open to public scrutiny, is much less secretive than the N.S.A., the eavesdropping and code-breaking agency. To this day, N.S.A. officials have revealed almost nothing about the warrantless wiretapping it conducted inside the United States in the hunt for terrorists in the years after 2001, even after the secret program was disclosed by The New York Times in 2005 and set off a political firestorm.


The hazards of the Web as record-keeper, of course, are a familiar topic. New college graduates find that their Facebook postings give would-be employers pause. Husbands discover wives’ infidelity by spotting incriminating e-mails on a shared computer. Teachers lose their jobs over impulsive Twitter comments.


But the events of the last few days have shown how law enforcement investigators who plunge into the private territories of cyberspace looking for one thing can find something else altogether, with astonishingly destructive results.


Some people may applaud those results, at least in part. By having a secret extramarital affair, for instance, Mr. Petraeus was arguably making himself vulnerable to blackmail, which would be a serious concern for a top intelligence officer. What if Russian or Chinese intelligence, rather than the F.B.I., had discovered the e-mails between the C.I.A. director and Ms. Broadwell?


Likewise, military law prohibits adultery — which General Allen’s associates say he denies committing — and some kinds of relationships. So should an officer’s privacy really be total?


But some commentators have renewed an argument that a puritanical American culture overreacts to sexual transgressions that have little relevance to job performance. “Most Americans were dismayed that General Petraeus resigned,” said Mr. Romero of the A.C.L.U.


That old debate now takes place in a new age of electronic information. The public shaming that labeled the adulterer in Nathaniel Hawthorne’s “Scarlet Letter” might now be accomplished by an F.B.I. search warrant or an N.S.A. satellite dish.


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Man who accused Elmo puppeteer of teen sex recants

NEW YORK (AP) — A man who accused Elmo puppeteer Kevin Clash of having sex with him when he was a teenage boy has recanted his story.

In a quick turnabout, the man on Tuesday described his sexual relationship with Clash as adult and consensual.

Clash responded with a statement of his own, saying he is "relieved that this painful allegation has been put to rest." He had no further comment.

The man, who has not identified himself, released his statement through the Harrisburg, Pa., law firm Andreozzi & Associates.

Sesame Workshop, which produces "Sesame Street" in New York, soon followed by saying, "We are happy that Kevin can move on from this unfortunate episode."

The whirlwind episode began Monday morning, when Sesame Workshop startled the world by announcing that Clash had taken a leave of absence from "Sesame Street" in the wake of allegations that he had had a relationship with a 16-year-old.

Clash, a 52-year-old divorced father of a grown daughter, swiftly denied the charges of his accuser, who is in his early 20s. In that statement Clash acknowledged that he is gay but said the relationship had been between two consenting adults.

Though it remained unclear where the relationship took place, sex with a person under 17 is a felony in New York if the perpetrator is at least 21.

Sesame Workshop, which said it was first contacted by the accuser in June, had launched an investigation that included meeting with the accuser twice and meeting with Clash. Its investigation found the charge of underage conduct to be unsubstantiated.

Clash said on Monday he would take a break from Sesame Workshop "to deal with this false and defamatory allegation."

Neither Clash nor Sesame Workshop indicated on Tuesday when he might return to the show, on which he has performed as Elmo since 1984.

Elmo had previously been a marginal character, but Clash, supplying the fuzzy red puppet with a high-pitched voice and a carefree, child-like personality, launched the character into major stardom. Elmo soon rivaled Big Bird as the face of "Sesame Street."

Though usually behind the scenes, Clash meanwhile achieved his own measure of fame. In 2006, he published an autobiography, "My Life as a Furry Red Monster," and he was the subject of the 2011 documentary "Being Elmo: A Puppeteer's Journey."

He has won 23 daytime Emmy awards and one prime-time Emmy.

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Online:

http://www.sesamestreet.org

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