Shares in Jewel parent soar on report of deal









Stock in Jewel-Osco parent Supervalu soared 13.5 percent Friday on speculation that the company is on the brink of a deal with Cerberus Capital Management.

Shares for the Eden Prairie, Minn-based grocery company closed at $2.94.

Supervalu spokesman Mike Siemienas said the company is in talks with several suitors, though a deal is not assured.  A representative for Cerberus Capital Management, a New York-based investment firm, declined to comment for this story.

The Eden Prarie, Minn-based company, which also owns Albertsons, Cub, Acme and Save-A-Lot stores, said it was exploring strategic alternatives, including a sale, in July. Days later, Supervalu dismissed CEO Craig Herkert, and Chairman Wayne Sales stepped in to run the troubled grocer.

Supervalu sales and earnings have lagged those of competitors for years. In 2012, the company's stock price fell 69.6 percent and return on investment declined 68.6 percent, according to Bloomberg. Average stock prices in the broader consumer staples market rose 7.4 percent and returns gained 10.7 percent in the period.

For the fiscal year ended Feb. 25, Supervalu reported a loss of $1.04 billion, which included a $519 million operating loss and $509 million in interest expense. Sales declined 3 percent, to $27.9 billion. The company has carried an onerous debt load since buying Albertsons, which included Chicago's Jewel-Osco chain, in 2006, making Supervalu the subject of bankruptcy  speculation.

Cerberus is rumored to be in the mix to buy parts of the company. The firm has experience in the food retail sector and was an investor in the 2006 Albertsons deal. Cerberus still holds a stake in Albertsons and Strategic Restaurants, a Burger King franchisee with more than 250 restaurants.

eyork@tribune.com | twitter: @emilyyork

SVU Chart

SVU data by YCharts


SVU Chart

SVU data by YCharts





Read More..

Ald. Mell: Reports of retiring are 'premature'













Ald. Richard Mell


Ald. Richard Mell, 33rd, speaks about the 2013 budget before a vote during a Chicago City Council meeting at City Hall in Chicago in November 2012.
(Jose M. Osorio / November 15, 2012)



























































Among the myriad political parlor games at City Hall, one of the longest running is the annual speculation about whether Northwest Side Ald. Richard Mell will finally step down.
 
Mell, 74 and the second-longest serving alderman on the City Council, said today that he’s always thinking about retiring, and nodded to the boy-who-cries-wolf nature of his yearly decision.
 
“I’ve been retiring for the past five years,” said Mell, 33rd. “Sure, it’s tempting. I think it’s tempting for everybody (on the City Council).”
 
“This is premature,” Mell said of a report he was on his way out. “I haven’t made any decision, and I may not make a decision (to retire).”
 
The alderman, who chairs the powerful City Council Rules Committee, said he would like his daughter, State Rep. Deborah Mell, to succeed him when he does retire. Deborah Mell would do a good job on the council, her father said, adding he thinks she’s interested in the post.
 
The alderman, however, would not say whether he has told Mayor Rahm Emanuel he would like his daughter appointed to his seat if he decides to retire.
 
Adding to the confusion, The Civil Rights Agenda, a group that works for gay rights, sent out a notice applauding Deborah Mell’s imminent appointment as alderman. But Rick Garcia, political director for the organization, said they were basing their announcement on a Sun-Times report and said Deborah Mell had not confirmed the move.
 
Deborah Mell could not immediately be reached for comment.


Read More..

Why Some Facebook Users Constantly Update Status






Scientists have found what compels people to constantly update their Facebook status. College students who posted more status updates than they normally did felt less lonely over the course of a week, even if no one “Liked” or commented on their posts, researchers found.


“We got the idea to conduct this study during a coffee-break sharing random stories about what friends had posted on Facebook,” psychology researcher Fenne große Deters, of the Universitat Berlin, told LiveScience in an email. “Wondering why posting status updates is so popular, we thought that it would be thrilling to study this new form of communication empirically.”






Deters and her colleague recruited about 100 undergraduates (all Facebook users) at the University of Arizona. All participants filled out initial surveys to measure their levels of loneliness, happiness and depression, and they gave the researchers access to their Facebook profiles by friending a dummy user created for the experiment.


The students were sent an analysis of their average weekly status updates (online wall-memos) and some of the participants were then told to post more statuses than usual over the next seven days. During that week, all completed a short online questionnaire at the end of each day about their mood and level of social connection.


Compared with the group of students who didn’t adjust their social media habits, those who went on a status-writing blitz felt less lonely over the week, the team found. Their happiness and depression levels went unchanged, “suggesting that the effect is specific to experienced loneliness,” the researchers wrote. And a drop in loneliness was linked to an increase in feeling more socially connected, which the researchers believe is the cause behind the positive effects of status updating. [6 Personal Secrets Your Facebook Profile Isn't Keeping]


Interestingly, the team found that loneliness levels did not depend on whether the students’ status updates garnered any comments or “Likes” from Facebook friends. One might assume that a lack of response could be considered a form of rejection, but the act of writing a status update itself might help people feel more connected, the researchers said. When crafting a clever status, Facebook users have a target audience in mind. Simply thinking about their friends (or at least their Facebook friends) can have a “social snacking” effect.


“Similar to a snack temporarily reducing hunger until the next meal, social snacking may help tolerate the lack of ‘real’ social interaction for a certain amount of time,” the researchers wrote in a paper published last month in the journal Social Psychological and Personality Science.


Now with over a billion users, Facebook has become the focus of an increasing number of studies trying to uncover the real-life social side effects that can accompany using the social media site.


For example, research presented last year at the meeting of the Society for Personality and Social Psychology (SPSP) showed how the site offers a dangerous medium for social comparison. People in that study with lots of Facebook friends had lower self-esteem, feeling worse about their place in life and their achievements if they’d just viewed their friends’ status updates, compared with people who hadn’t recently surfed the site. But for people with just a few Facebook friends, viewing status updates wasn’t a problem.


Another study, detailed in the Sept. 13 issue of the journal Nature, found such Facebook friends can influence real-life actions of one another. In that study, one “get out the vote” message sent to 61 million Facebook users on Election Day 2010 led to 340,000 people casting ballots when they otherwise would not have.


Follow LiveScience on Twitter @livescience. We’re also on Facebook & Google+.


Copyright 2013 LiveScience, a TechMediaNetwork company. All rights reserved. This material may not be published, broadcast, rewritten or redistributed.
Social Media News Headlines – Yahoo! News





Title Post: Why Some Facebook Users Constantly Update Status
Url Post: http://www.news.fluser.com/why-some-facebook-users-constantly-update-status/
Link To Post : Why Some Facebook Users Constantly Update Status
Rating:
100%

based on 99998 ratings.
5 user reviews.
Author: Fluser SeoLink
Thanks for visiting the blog, If any criticism and suggestions please leave a comment




Read More..

Adele’s “21″ scores again, beating Swift for 2012′s top album






LOS ANGELES (Reuters) – British singer Adele‘s Grammy-winning “21″ scored a rare feat in 2012 as it topped U.S. album sales for a second straight year, beating out U.S. country-pop star Taylor Swift‘s “Red, Nielsen Soundscan said on Thursday.


It was the first time a single album had been a top-seller for two years in a row since Nielsen began tracking album sales in 1991, the organization said.






But U.S. album sales overall fell 4 percent in 2012 to 315.96 million albums, after 2011 saw a rare 3 percent bump in sales.


Adele’s “21″ sold 4.41 million units in the United States in 2012 to top Swift’s “Red,” which sold 3.11 million copies. In 2011, “21″ sold 5.82 million units.


“It’s a sort of a once-in-a-lifetime album,” Keith Caulfield, associate director of charts at Billboard, told Reuters of “21.” “Only a few of these albums come along in history.”


The heartbreak record, with hits like “Rolling in the Deep” and “Someone Like You,” earned Adele six Grammy Awards in early 2012, boosting the profile of the 24-year-old singer and songwriter, who records on indie label XL Recordings.


The album sold at a furious pace, reaching the 10 million albums-sold plateau in the span of two years, Caulfield noted. The last album to achieve that feat was boy band ‘N Sync’s “No Strings Attached,” which was released in 2000.


“It’s really the right combination of artistry and hit singles,” Caulfield said of “21′s” success.


“She really crossed over from pop to Latin to adult contemporary to dance,” he added. “Young and old consumers bought it, and because of its mixture of fans, she was able to sell it as well as she did.”


Adele’s success came despite the drop in 2012 U.S. album sales.


“Last year (2011) was a fluke,” Caulfield said. “A year gain in album sales is a mega achievement. … It’s the way the market works now, people buy songs and not albums.”


Indeed, digital song sales rose 5 percent in 2012 to a record high 1.336 billion downloads.


The year’s best-selling albums in the United States had a particularly British flavor as Swift was the lone American in the top five. Swift records for the independently owned Nashville-based Big Machine, distributed by Universal Music Group.


British boy band One Direction’s “Up All Night,” released in 2011 on Sony Music Entertainment’s SYCO/Columbia label, placed third with 1.62 million units sold, while their 2012 follow-up, “Take Me Home,” took the fifth spot with 1.34 million units sold.


Britain’s folk revivalists Mumford & Sons, on indie record label Glassnote, placed fourth with their album “Babel” selling 1.46 million units.


(Reporting by Eric Kelsey; Editing by Jill Serjeant and Peter Cooney)


Celebrity News Headlines – Yahoo! News





Title Post: Adele’s “21″ scores again, beating Swift for 2012′s top album
Url Post: http://www.news.fluser.com/adeles-21-scores-again-beating-swift-for-2012s-top-album/
Link To Post : Adele’s “21″ scores again, beating Swift for 2012′s top album
Rating:
100%

based on 99998 ratings.
5 user reviews.
Author: Fluser SeoLink
Thanks for visiting the blog, If any criticism and suggestions please leave a comment




Read More..

Scant Proof Is Found to Back Up Claims by Energy Drinks





Energy drinks are the fastest-growing part of the beverage industry, with sales in the United States reaching more than $10 billion in 2012 — more than Americans spent on iced tea or sports beverages like Gatorade.




Their rising popularity represents a generational shift in what people drink, and reflects a successful campaign to convince consumers, particularly teenagers, that the drinks provide a mental and physical edge.


The drinks are now under scrutiny by the Food and Drug Administration after reports of deaths and serious injuries that may be linked to their high caffeine levels. But however that review ends, one thing is clear, interviews with researchers and a review of scientific studies show: the energy drink industry is based on a brew of ingredients that, apart from caffeine, have little, if any benefit for consumers.


“If you had a cup of coffee you are going to affect metabolism in the same way,” said Dr. Robert W. Pettitt, an associate professor at Minnesota State University in Mankato, who has studied the drinks.


Energy drink companies have promoted their products not as caffeine-fueled concoctions but as specially engineered blends that provide something more. For example, producers claim that “Red Bull gives you wings,” that Rockstar Energy is “scientifically formulated” and Monster Energy is a “killer energy brew.” Representative Edward J. Markey of Massachusetts, a Democrat, has asked the government to investigate the industry’s marketing claims.


Promoting a message beyond caffeine has enabled the beverage makers to charge premium prices. A 16-ounce energy drink that sells for $2.99 a can contains about the same amount of caffeine as a tablet of NoDoz that costs 30 cents. Even Starbucks coffee is cheap by comparison; a 12-ounce cup that costs $1.85 has even more caffeine.


As with earlier elixirs, a dearth of evidence underlies such claims. Only a few human studies of energy drinks or the ingredients in them have been performed and they point to a similar conclusion, researchers say — that the beverages are mainly about caffeine.


Caffeine is called the world’s most widely used drug. A stimulant, it increases alertness, awareness and, if taken at the right time, improves athletic performance, studies show. Energy drink users feel its kick faster because the beverages are typically swallowed quickly or are sold as concentrates.


“These are caffeine delivery systems,” said Dr. Roland Griffiths, a researcher at Johns Hopkins University who has studied energy drinks. “They don’t want to say this is equivalent to a NoDoz because that is not a very sexy sales message.”


A scientist at the University of Wisconsin became puzzled as he researched an ingredient used in energy drinks like Red Bull, 5-Hour Energy and Monster Energy. The researcher, Dr. Craig A. Goodman, could not find any trials in humans of the additive, a substance with the tongue-twisting name of glucuronolactone that is related to glucose, a sugar. But Dr. Goodman, who had studied other energy drink ingredients, eventually found two 40-year-old studies from Japan that had examined it.


In the experiments, scientists injected large doses of the substance into laboratory rats. Afterward, the rats swam better. “I have no idea what it does in energy drinks,” Dr. Goodman said.


Energy drink manufacturers say it is their proprietary formulas, rather than specific ingredients, that provide users with physical and mental benefits. But that has not prevented them from implying otherwise.


Consider the case of taurine, an additive used in most energy products.


On its Web site, the producer of Red Bull, for example, states that “more than 2,500 reports have been published about taurine and its physiological effects,” including acting as a “detoxifying agent.” In addition, that company, Red Bull of Austria, points to a 2009 safety study by a European regulatory group that gave it a clean bill of health.


But Red Bull’s Web site does not mention reports by that same group, the European Food Safety Authority, which concluded that claims about the benefits in energy drinks lacked scientific support. Based on those findings, the European Commission has refused to approve claims that taurine helps maintain mental function and heart health and reduces muscle fatigue.


Taurine, an amino acidlike substance that got its name because it was first found in the bile of bulls, does play a role in bodily functions, and recent research suggests it might help prevent heart attacks in women with high cholesterol. However, most people get more than adequate amounts from foods like meat, experts said. And researchers added that those with heart problems who may need supplements would find far better sources than energy drinks.


Hiroko Tabuchi contributed reporting from Tokyo and Poypiti Amatatham from Bangkok.



Read More..

U.S. unemployment holds at 7.8%

CBS News business and economics correspondent Rebecca Jarvis talks to Norah O'Donnell and Anthony Mason about the final jobs report of 2012 to be released later today.









The pace of hiring by U.S. employers eased slightly in December, pointing to a lackluster pace of economic growth that was unable to make further inroads in the country's still high unemployment rate.

Payrolls outside the farming sector grew 155,000 last month, the Labor Department said on Friday. That was in line with analysts' expectations and slightly below the level for November.






Gains in employment were distributed broadly throughout the economy, from manufacturing and construction to health care.

That should reinforce expectations that the economy will grow about 2 percent this year, unlikely to quickly bring down the unemployment rate or make the U.S. Federal Reserve rethink its easy-money policies, which have been propping up the recovery.

"It's not a booming economy, but it is growing," Jim O'Sullivan, an economist at High Frequency Economics in Valhalla, New York, said before the data was released.

The jobless rate held steady at 7.8 percent in December, down nearly a percentage point from a year earlier but still well above the average rate over the last 60 years of about 6 percent.

The Labor Department raised its estimate for the unemployment rate in November by a tenth of a point to 7.8 percent, citing a slight change in the labor market's seasonal swings.

Most economists expect the U.S. economy will be held back by tax hikes this year as well as by weak spending by households and businesses, which are still trying to reduce their debt burdens.

Friday's data nonetheless gave signals of growing momentum in the labor market's recovery from the 2007-09 recession. Many economists had expected December's payroll gains to be padded by one-time factors like the recovery from a mammoth storm that hit the East Coast in late October.

The government had said last month the storm had no substantial impact on the November data, and many economists expected the government to recant by revising downward in Friday's report its estimate for payroll gains in November. Instead, the government revised its estimate for November payrolls upward by 15,000.

"There is some evidence that underlying jobs growth has improved," Paul Dales, an economist at Capital Economics in London, said before the report was released.

AUSTERITY'S BITE

Despite the signs of some momentum in hiring, a wave of government spending cuts due to begin around March loom over the economy.

Many economic forecasts assume the cuts - which would hit the military, education and other areas - will ultimately be pushed into next year as part of a deal sought by lawmakers to reduce gradually the government's debt burden.

Initially, the cuts were planned to have begun this month as part of a $600 billion austerity package that also included tax hikes. Hiring in December may have been slowed by uncertainty over the timing of the austerity, economists say.

Congress this week passed legislation to avoid most of the tax hikes and postpone the spending cuts.

Even with the last-minute deal to avoid much of the "fiscal cliff," most workers will see their take-home pay reduced this month as a two-year cut in payroll taxes expires.

That leaves the Fed's efforts to lower borrowing costs as the main program for stimulating the economy.

The Fed has kept interest rates near zero since 2008, and in September promised open-ended bond purchases to support lending further. On Thursday, however, minutes from the Fed's December policy review pointed to rising concerns over how the asset purchases will affect financial markets.

Analysts ahead of the report expected some of the strength in job creation in December would be due to the Fed's policies.

"Despite the end-of-year angst over the ‘fiscal cliff,' financial conditions remained supportive of job growth in December," economists at Nomura said in a note to clients earlier in the week.
 

Read More..

Bills expected to interview Smith













Lovie Smith


Former Bears coach Lovie Smith.
(John Gress/Getty Images / January 3, 2013)


























































Lovie Smith is expected to be inteviewed by the Buffalo Bills.


The Tribune has confirmed a report by NFL.com's Ian Rapoport that the Bills will officially interview the former Bears coach soon.


Smith, who was fired Monday, is also reportedly interested in the Cardinals top job.








Read More..

The Most and Least Influential Social Media Celebs






While he isn’t currently available for promotional work, businesses would have the most success on social media with President Barack Obama endorsing their goods and services, new research shows.


A study by social marketing platform SocialToaster revealed that Obama is considered the most influential celebrity on social media. Justin Bieber, Lady Gaga, Ashton Kutcher and Anderson Cooper followed the president on the rankings of social influencers.






On the flip side, the research found that former Republican presidential nominee Mitt Romney was the least influential celebrity on social media, finishing just below Madonna, Kanye West and Sean Hannity.


While celebrities might be influential on social media in some aspects, it’s those closest to us who make the largest impact when it comes to the important issues. Nearly all of the social media users surveyed agreed that a social media post from a close friend or family member was most likely to influence them on important subjects, with politicians and athletes the least likely to influence them.


“While it was no surprise that in this election year Barack Obama would be ranked the most influential person in social media, it was surprising to us that Justin Bieber and Lady Gaga would beat Madonna and Kanye West,” said Brian Razzaque, CEO of SocialToaster. “We were also surprised to see that friends had more pull than family when it came to influencing the sharing of social media content.”


Regardless of whom it comes from, there are some posts that will quickly result in an unfollowing, the study discovered. Nearly three-quarters of those surveyed said a racist post would cause them to immediately unfollow someone on social media. Other types of posts that result in a loss of followers include sexism, pornography, repetitive, overly personal posts and those that use poor grammar.


The researcher was based on surveys of 3,000 SocialToaster Super Fans, which consist of social media experts and professionals, many of whom work with some of the nation’s leading brands. The experts range from those who work in the entertainment industry who represent numerous television shows and movies to those who work in professional sports, including the Baltimore Ravens and the Detroit Pistons.


This story was provided by BusinessNewsDaily, a sister site to LiveScience. Follow Chad Brooks on Twitter @cbrooks76 or BusinessNewsDaily @BNDarticles. We’re also on Facebook & Google+.


Copyright 2012 LiveScience, a TechMediaNetwork company. All rights reserved. This material may not be published, broadcast, rewritten or redistributed.
Social Media News Headlines – Yahoo! News





Title Post: The Most and Least Influential Social Media Celebs
Url Post: http://www.news.fluser.com/the-most-and-least-influential-social-media-celebs/
Link To Post : The Most and Least Influential Social Media Celebs
Rating:
100%

based on 99998 ratings.
5 user reviews.
Author: Fluser SeoLink
Thanks for visiting the blog, If any criticism and suggestions please leave a comment




Read More..

“Hunger Games” and “Hobbit” most-anticipated films of 2013: poll






LOS ANGELES (Reuters) – This year will look a lot like 2012 at the box office, with “The Hunger Games” and Hobbits at the top of cinemagoers must-see lists, according to a survey by ticket-seller Fandango released on Thursday.


The second installment in “The Hunger Games” trilogy, “The Hunger Games: Catching Fire,” which is set for a November release, topped the list as 2013′s most-anticipated blockbuster.






The first film in the life-or-death thriller series starring Jennifer Lawrence, raked in some $ 687 million at the worldwide box office in 2012.


The Hobbit: The Desolation of Smaug,” director Peter Jackson‘s second installment in the “The Hobbit” series of elves and dwarves, ranked second on the survey that polled more than 2,000 moviegoers during the final week of 2012. It is scheduled to hit the big screen in December.


“People love the mega-franchises and that is what gets them most excited,” Dave Karger, Fandango chief correspondent, told Reuters. “The first ‘Hunger Games‘ whetted peoples’ appetites for more. The same can be said for ‘The Hobbit‘ and ‘Iron Man.’”


The superhero thriller “Iron Man 3″ starring Robert Downey Jr. ranked third on the list and is set for a May 3 release.


“Star Trek into Darkness” – the follow-up to 2009′s “Star Trek” science-fiction adventure – and “The Great Gatsby” starring Leonardo DiCaprio rounded out the top five. Both films are set to open in May.


‘JAZZED’ ABOUT FRANCHISES


The heavy dose of franchise films on the list indicates how familiarity can build buzz among moviegoers, Karger said.


“In the case of ‘The Hunger Games,’ many people who loved the movie have read the other books so they’re excited to see it brought to life,” he said. “The same with ‘The Hobbit‘ too.


“Some people say, ‘Where is the originality?’ but the fact of the matter is that these franchises are what people get most jazzed about.”


The survey also asked film fans to vote on the sexiest man and woman on the big screen in 2013, as well as best villain, breakout stars and best apocalyptic films.


Mila Kunis, who stars in upcoming film “Oz: The Great and Powerful,” was voted sexiest actress, while Channing Tatum was voted sexiest man for Paramount’s “G.I. Joe: Retaliation.” Both films are set for March releases.


Ben Kingsley (“Iron Man 3″) was voted most-anticipated villain, and June’s zombie thriller “World War Z” starring Brad Pitt was voted most-anticipated apocalyptic film.


British actress Alice Eve was voted biggest breakout actress for “Star Trek” while fellow Brit Henry Cavill got the nod as biggest breakout actor for playing Superman opposite Russell Crowe and Amy Adams in “Man of Steel,” which will be released in June.


Full results can be viewed at Fandango.com.


(Reporting by Eric Kelsey, editing by Jill Serjeant and Sandra Maler)


Movies News Headlines – Yahoo! News




Read More..

5-Hour Energy’s ‘No Crash Later’ Claim Is Disputed





The distributor of the top-selling energy “shot,” 5-Hour Energy, has long claimed on product labels, in promotions and in television advertisements that the concentrated caffeine drink produced “no crash later” — the type of letdown that consumers of energy drinks often feel when the beverages’ effects wear off.




But an advertising watchdog group said on Wednesday that it had told the company five years ago that the claim was unfounded and had urged it then to stop making it.


An executive of the group, the National Advertising Division, also said that 5-Hour Energy’s distributor, Living Essentials, had publicly misrepresented the organization’s position about the claim and that it planned to start a review that could lead to action against the company by the Federal Trade Commission.


“We recommended that the ‘no crash’ claim be discontinued because their own evidence showed there was a crash from the product,” said Andrea C. Levine, director the National Advertising Division. The organization, which is affiliated with the Council of Better Business Bureaus, reviews ad claims for accuracy.


The emerging dispute between Living Essentials and the National Advertising Division is unusual because the $10 billion energy drink industry is rife with questionable marketing. And Living Essentials, which recently cited the advertising group’s support in seeking to defend the “no crash” claim, may have opened the door to greater scrutiny.


Major producers like 5-Hour Energy, Red Bull, Monster Energy and Rockstar Energy all say their products contain proprietary blends of ingredients that provide a range of mental and physical benefits. But the companies have conducted few studies to show that the costly products provide anything more than a blast of caffeine, a stimulant found in beverages like coffee, tea or cola-flavored sodas.


The dispute over 5-Hour Energy’s claim also comes as regulatory review of the high-caffeine drinks is increasing. The Food and Drug Administration recently disclosed that it had received reports over the last four years citing the possible role of 5-Hour Energy in 13 deaths. The mention of a product in an F.D.A. report does not mean it caused a death or injury. Living Essentials says it knows of no problems related to its products.


The issue surrounding the company’s “no crash” claim dates to 2007, when National Advertising Division began reviewing all of 5-Hour Energy’s marketing claims. That same year, the company conducted a clinical trial of the energy shot that compared it to Red Bull and Monster Energy.


At the time, Living Essentials was already using the “No crash later” claim. An article on Wednesday in The New York Times reported that the study had shown that 24 percent of those who used 5-Hour Energy suffered a “moderately severe” crash hours after consuming it. The study reported higher crash rates for Red Bull and Monster Energy.


When asked how those findings squared with the company’s “no crash” claim, Elaine Lutz, a spokeswoman for Living Essentials, said the company had amended the claim after the 2007 review by the National Advertising Division. In doing so, it added an asterisklike mark after the claim on product labels and in promotions. The mark referred to additional labeling language stating that “no crash means no sugar crash.” Unlike Red Bull and Monster Energy, 5-Hour Energy does not contain sugar.


Ms. Lutz said that based on the modification, the advertising accuracy group “found all of our claims to be substantiated.”


However, Ms. Levine, the advertising group’s director, took sharp exception to that assertion, saying it mischaracterized the group’s decision. And a review of the reports suggested that Living Essentials had simply added language of its choosing to its label rather than doing what the group had recommended — drop the “no crash” claim altogether.


That review concluded that the company’s 2007 study had shown there was evidence to support a “qualified claim that 5-Hour Energy results in less of a crash than Red Bull and Monster” Energy. But it added the study, which showed that 5-Hour Energy users experienced caffeine-related crashes, was inadequate to support a “no crash” claim.


Ms. Levine said Living Essentials had apparently decided to use the parts of the group’s report that it liked and ignore others.


Companies “are not permitted to mischaracterize our decisions or misuse them for commercial purposes,” she said.


She said the group planned to notify Living Essentials that it was reopening its review of the “no crash later” claim. If the company fails to respond or provides an inadequate response, the National Advertising Division will probably refer the matter to the F.T.C., she said.


A Democratic lawmaker, Representative Edward Markey of Massachusetts, has asked that the agency review energy drink marketing claims.


Asked about the position of the National Advertising Division, Ms. Lutz, the 5-Hour Energy spokeswoman, stated in an e-mail that the “no sugar crash” language had been added to address the group’s concern.


This article has been revised to reflect the following correction:

Correction: January 2, 2013

An earlier version of this article misstated the number of deaths in which the Food and Drug Administration said 5-Hour Energy possibly played a role. The number was 13, not 15.



Read More..