EBay's P2P Same-Day Delivery App Launches in NYC



Just in time for Black Friday, eBay is offering New Yorkers a new way to sit out the madness. Instead of waiting in line, shoppers can use the eBay Now same-day delivery app to send eBay couriers to major chain stores to buy for them.


After being beta-tested in San Francisco in recent months, eBay Now is launching today for anyone with an iPhone south of 125th Street in Manhattan or in Brooklyn’s western reaches. Unlike similar offerings being tested by Walmart and Amazon, which rely on their own inventory, eBay Now works more like a peer-to-peer network, connecting shoppers with participating stores nearby while eBay acts as a go-between. And the stores aren’t obscure. Macy’s, Toys”R”Us, Target, and Best Buy are among what eBay says are hundreds of retailers taking part.


Also, unlike Walmart’s and Amazon’s offerings, eBay doesn’t require placing an order before a certain cutoff time. Its network of couriers, which it calls “valets,” are stationed throughout the city, with more personnel clustered around areas with higher concentrations of customers and stores. When a shopper places an order through the location-aware app, it goes out to the valet in the best place to fulfill the order the most quickly. The company promises to make most deliveries in an hour or so, though for now eBay valets have to wait in line at the checkout counter like everyone else. The minimum order is $25, shoppers can only order from one store per delivery, and there’s a $5 delivery fee.


The service fits eBay’s effort to re-brand itself as more than an auction site. The company wants people to think of eBay as a place to get anything and everything. And as the distinctions between offline and online retail fall away, eBay also wants shoppers to feel like they can get their stuff whenever, wherever, and however they want.


Short of opening their own stores, the network of retailers participating in eBay Now give eBay a surrogate physical footprint, and a way to approximate the immediacy of walking into an actual store. In a way, eBay Now doesn’t stray that far from the company’s roots: Just think of the stores as typical eBay sellers, except with more inventory.


Launching eBay Now in New York also invites the inevitable comparisons to famous dotcom-bubble failure Kozmo.com, which used bike messengers to bring New Yorkers just about anything in about an hour. Unlike Kozmo, however, same-day delivery isn’t eBay’s core business. Kozmo also didn’t charge a delivery fee or require a minimum order amount. (Also, eBay’s couriers use their own cars.)


As a company that survived the first dotcom bust and sees tens of billions of dollars in transactions move across its network each year, eBay has no doubt done the math to figure out how same-day fits into their business plans. EBay Now isn’t so much a reinvention as a small-scale investment in new infrastructure — infrastructure eBay needs to have in place as the anytime, anywhere, any way model of retail catalyzed by smartphones evolves from novelty to norm.


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French mayor ends hunger strike after crisis aid
















PARIS (Reuters) – A French mayor who went on hunger strike a week ago to demand emergency aid for his town ended his protest on Thursday and packed up the tent he had been sleeping in outside parliament after the government met his demands.


“I regret that things came to that but it was necessary,” Stephane Gatignon, mayor of Sevran, a poor town on the outskirts of Paris, told Reuters.













Gatignon slept six nights on the pavement outside the National Assembly to press his demand for 5 million euros ($ 6.4 million) of rescue aid, saying the economic crisis was pushing Sevran and dozens of other poor towns to the brink of ruin.


France’s cash-strapped government is seeking to slash its deficit in line with broader efforts to end a debt crisis that has plagued Europe for three years.


While the government is urging local authorities to do their part, it will increase aid to many of the poorest towns next year in a budget package that the lower house of parliament approved this week.


Gatignon said the government had indicated it was willing to deploy those funds in a way that would satisfy his demands. The office of urban affairs minister Francois Lamy did not respond to requests for comment.


The Sevran mayor looked weary but relieved after six days of consuming nothing but sugary tea.


“Today it’ll be a bit of broth, then some soup and slowly back to normal eating,” Gatignon said.


(Reporting by Emile Picy and Brian Love; Editing by Sonya Hepinstall and Robin Pomeroy)


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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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Wal-Mart Inquiry Reflects Alarm on Corruption


Shi Tou/Reuters


A Wal-Mart Supercenter in Chongqing, China. Wal-Mart is investigating potential bribery in Brazil, India, China and Mexico.







Wal-Mart on Thursday reported that its investigation into violations of a federal antibribery law had extended beyond Mexico to China, India and Brazil, some of the retailer’s most important international markets.




The disclosure, made in a regulatory filing, suggests Wal-Mart has uncovered evidence into potential violations of the Foreign Corrupt Practices Act, as the fallout continues from a bribery scheme involving the opening of stores in Mexico that was the subject of a New York Times investigation in April.


The announcement underscores the degree to which Wal-Mart recognizes that corruption may have infected its international operations, and reflects a growing alarm among the company’s internal investigators. People with knowledge of the matter described how a relatively routine compliance audit rapidly transformed into a full-blown investigation late last year — involving hundreds of lawyers and three former federal prosecutors — when the company learned that The Times was examining problems with its operations in Mexico.


A person with direct knowledge of the company’s internal investigation cautioned that Thursday’s disclosure did not mean Wal-Mart had concluded it had paid bribes in China, India and Brazil. But it did indicate that the company had found enough evidence to justify concern about its business practices in the three countries — concerns that go beyond initial inquiries and that are serious enough that shareholders needed to be told.


Wal-Mart issued a statement confirming the new disclosures, and said it would be inappropriate to comment further on the new allegations until it has concluded the investigations.”


The Justice Department and the Securities and Exchange Commission, with Wal-Mart’s cooperation, are also looking into the company’s compliance with the antibribery law.


The Times reported in April that seven years ago, Wal-Mart had found credible evidence that its Mexican subsidiary had paid bribes in its effort to build more stores, a violation of the corrupt practices act, and that an internal investigation had been suppressed by executives at the company’s Arkansas headquarters.


Wal-Mart has so far spent $35 million on a compliance program that began in spring 2011, and has more than 300 outside lawyers and accountants working on it, the company said. It has spent $99 million in nine months on the current investigation.


Consequences of the expanding investigation could include slower expansion overseas and the identification of even more problems. The company said in the filing on Thursday that new inquiries had begun in countries “including but not limited to” China, India and Brazil.


While the disclosure did not specify the nature of the possible bribery problems in the three countries, it “clearly will cause more scrutiny on every real estate project being considered, and one would think at the minimum it will slow down the process as more controls need to be passed through,” said Colin McGranahan, an analyst with Sanford C. Bernstein.


International growth is critical to Wal-Mart, the world’s largest retailer, and Brazil, India, China and Mexico together make up the largest portion of the company’s foreign locations.


Wal-Mart’s international division had been on a growth binge, though that has been slowing lately. In third-quarter results reported Thursday, the company said international sales rose 2.4 percent to $33.2 billion, making up about 29 percent of the company’s overall sales.


More than half of Wal-Mart’s 10,524 stores are international. Mexico has 2,230 stores. Brazil has 534, China, 384.


C. Douglas McMillon, chief executive of Walmart International, said in June that he did not expect the investigation to hinder international growth. “Only time will tell,” he said.


Wal-Mart’s expanding investigation began in spring 2011 as a relatively routine audit of how well its foreign subsidiaries were complying with its anticorruption policies. It is keeping the Justice Department and the S.E.C. apprised of the investigation.


The review was initiated by Jeffrey J. Gearhart, Wal-Mart’s general counsel, who had seen news reports about how Tyson Foods had been charged with relatively minor violations of the Foreign Corrupt Practices Act. He decided it made sense to test Wal-Mart’s internal defenses against corruption.


Charlie Savage, Vikas Bajaj and Andrew Downie contributed reporting.



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October home sales hit 3-year high; prices up 17% year over year

Consumer columnist David Lazarus talks with real estate reporter Alejandro Lazo, DataQuick analyst Andrew LePage and Bill McBride of the Calculated Risk blog about the strong October real estate numbers.









Southern California's real estate market bucked the typical fall slowdown last month, with buyers snapping up pricier homes and sales roaring up 18% over the prior month.

Sales hit a three-year high for an October, rising 25% from the same month last year. The median sale price for a Southland house last month was $315,000, equal to September and up 17% from October 2011, according to real estate research firm DataQuick.

A decline in the number of foreclosed homes has caused a shortage of inventory in entry-level neighborhoods, pushing up home prices. Demand from investors also remains strong, with these buyers snapping up a near-record level of homes last month.








"There is a growing appreciation of the fact that we've come to a sort of a point of inflection in the housing market," Stuart Gabriel, director of UCLA's Ziman Center for Real Estate, said. "The housing market, for a large number of factors, is perceived as having turned a corner."

The region's median hit bottom at $247,000 in April 2009 and has slowly crawled its way up since. The median is the point at which half the homes in the area sold for more and half for less.

Quiz: Test your knowledge of business news

The rebound stems from more people chasing fewer homes. Interest rates remain near record-low levels, luring buyers. Investors with cash have poured into the market looking for cheap properties to flip or rent. And foreclosure resales have sunk to a five-year low, tightening the supply of cheap homes.

An estimated 21,075 newly built and previously owned houses and condominiums sold throughout the region last month. Coastal markets saw the biggest increases in sales — though every county posted double-digit gains compared with October last year. Orange County saw the biggest surge, with sales up 41%. Ventura rose 35%, San Diego, 31%, Los Angeles, 25%, San Bernardino, 18% and Riverside 13%.

Absentee buyers — investors and some second-home buyers — snapped up a near-record 28% of homes throughout the Southland last month. These investors paid a median $245,000, a 23% increase from October last year.

A recent report by real estate website Zillow showed that many investors and others are paying market value for foreclosed homes in the region, erasing the discount between foreclosed homes and regular properties. Discounts were marginal on bank-owned homes in September, with the discount in the Inland Empire just 2% and in the Los Angeles area 4% in September, Zillow said.

Bruce Norris, president of Norris Group, an investment company in Riverside that buys foreclosed homes, said he expects prices to increase in coming years as the Obama administration has encouraged banks to curtail foreclosures. That will push up prices, he said.

"It is policy driven," Norris said. "Since the policy is going to continue … you are about to see a pretty substantial price increase within the next two years."

Indeed, the high level of affordability ushered in by the housing crash could erode quickly in California. This week the California Assn. of Realtors reported that homes in the state are getting less affordable as property values rise. The group estimated that 49% of home buyers in the third quarter could afford a median-priced house in California, a decline from 51% last quarter. The rise in prices is offsetting the benefit to home shoppers from low mortgage interest rates.

Christopher Thornberg, a principal at Beacon Economics and one of the first to call attention to the housing bubble, said home shoppers should expect expensive housing in the Golden State for the foreseeable future. The reason: Construction of new homes remains highly expensive for builders.

"Why would it stop?" he said. "The economy is growing. Short of a fiscally led second recession, there is no reason in the world that it's going to do anything but to continue."

The region's lowest-cost areas — often those the most starved for inventory these days — posted the weakest sales numbers last month, according to DataQuick. The number of homes that sold below $200,000 in the region dropped 11% from October last year. Sales in these markets have slowed because of the drop in foreclosures, while increased demand has pushed up prices.

Sales of previously foreclosed-upon homes made up just 16% of the resale market last month, a drop from 17% last month and 33% in October 2011. Foreclosure resales peaked at 57% in February 2009.

In the meantime, sales surged in several mid- and higher-cost neighborhoods throughout Southern California in October, DataQuick said. Sales of homes between $300,000 and $800,000 increased 42% year over year. Sales of homes costing more than $500,000 were up 55% and sales of homes more than $800,000 rose 52%.

Bill McBride, lead writer for the housing blog Calculated Risk, said that with the upswing in prices homeowners are encouraged to keep their homes off the market.

"Why is there no inventory? I ask every real estate agent that, just to hear what they tell me. And they say people don't have enough equity in their homes and so they aren't listing them," McBride said. "That is a solid argument. But I also think the people are sensing that prices are going up and there is no urgency to sell."

alejandro.lazo@latimes.com





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'Shirtless' FBI Agent Who Hunted Petraeus Helped Stop LA Bombing



The FBI agent responsible for the downfall of two of the military’s most respected generals helped stop a terrorist from bombing Los Angeles International Airport and shot a man who attacked him with a knife at the gates of a military base. And he kicked off an investigation that not only upended Washington, it has many wondering if the FBI exceeded its authority.

Meet Frederick W. Humphries II — finally. Humphries, identified by The New York Times, is the mystery Florida-based FBI agent central to the ongoing scandal that brought down CIA Director David Petraeus and threatens the career of the Afghanistan war commander. At nearly every key moment in the tawdry sex scandal, Humphries has been there, lurking in the shadows, sometimes without his shirt on. No wonder colleagues interviewed by the Times described him as “obsessive.” Even before anyone knew who he was, someone set up a parody Twitter account for him, @shirtlessFBIguy.


In 1999, Humphries used his French language skills to find and stop Ahmed Ressam from bombing LAX airport in what would come to be known as the Millennium Plot, according to a Seattle Times piece. Described as “wiry [and] high-energy,” the former Army officer unraveled the cover story of a member of the Millennium Plot by calling bull on the operative’s fake Quebecois accent. Eleven years later, Humphries would shoot and kill a “disturbed knife-wielding man” who attacked him at the gates of MacDill Air Force Base in Tampa.


Humphries knew Tampa socialite Jill Kelley, an unofficial “ambassador” between Tampa and MacDill, home of U.S. Central Command, run in 2010 and 2011 by Petraeus and Gen. John Allen, now the commander of the Afghanistan war. When Kelley started receiving harassing e-mails this summer, Kelley asked her FBI friend Humphries to look into it. Humphries agreed, but soon found himself taken off the case, according to the Times. That would prove to be a fateful move.



The FBI has broad authorities over cyber-stalking investigations. “When something of this nature comes to our attention,” spokesman Paul Bresson tells Danger Room, “we work in close coordination with prosecutors to evaluate the facts and circumstances with respect to jurisdiction and potential violations of federal law.”


Not everyone is buying that the FBI would normally take up the case of a socialite receiving unwanted, nasty e-mails. “This is highly irregular. Highly, highly irregular. With a case of e-mail harassment, we’d normally say: we’re kind of busy, contact your local police,” a former federal prosecutor tells Danger Room. “You know that old cliche ‘let’s not make a federal case out of it?’ Well, in this case, it rings true.”


In any case, the feds did make a federal case out of it — just without Humphries. But Humphries didn’t let the case go. He sent shirtless pictures of himself to Kelley, something a lawyer for a law-enforcement guild who spoke with Humphries described to the Times as a “joke” that the national media have misunderstood. Still, his friends characterized him as “passionate” and “kind of an obsessive type.” It showed.


Humphries did not take kindly to being removed from a case he kickstarted. Evidently, he knew that the FBI expanded the case from cyber-harassment to one determining whether Paula Broadwell, Petraeus’ mistress who harassed Kelley, received classified information from Petraeus. Humphries was convinced there was a Bureau cover-up to protect Obama, and in late October went to Rep. Dave Reichert, a Washington state Republican with whom Reichert had worked previously. Reichert — who would not respond to Danger Room’s queries — took Humphries to Rep. Eric Cantor, the GOP majority leader, on October 27.


Cantor and his staff met with Humphries shortly after Reichert made the introduction. But they did not know what his motivations were. Nor could they judge Humphries’ credibility. Worse, they had no idea the FBI had Petraeus under investigation in the first place. After conferencing, they decided the prudent thing to do was to take the information from the investigation to FBI Director Robert Mueller’s office. They did so on October 31, around the same time that FBI agents interviewed Petraeus and reportedly told him he was not under suspicion of leaking classified information.


A week later, on November 6 — election day — Mueller informed James Clapper, the director of national intelligence and Petraeus’ boss, of the investigation. The House Judiciary Committee has written to Mueller to determine, among other things, why Mueller waited a week, and why he informed neither the relevant congressional oversight committees or the White House. (Mueller on Wednesday briefed the leaders of the House and Senate intelligence committees.) But Clapper essentially sealed Petraeus’ fate, urging him to deliver the resignation from the CIA that ultimately came on Friday.


There are questions about whether the FBI has exceeded its bounds in the case Humphries launched. While the FBI has wide latitude to investigate potential leaks of classified intelligence — the focus of the ongoing inquiry into Broadwell that brought Petraeus down — it is far less clear what authority the FBI had to give the Pentagon flirtatious emails between Allen and Kelley that came to agents’ attention in the course of that inquiry.


The Pentagon, whose inspector general is now investigating Allen, says there is no evidence Allen gave Kelley classified material or otherwise compromised national security. Under the Uniformed Code of Military Justice, adultery is a crime. But a Defense official on Tuesday told reporters that Allen denies cheating on his wife, and the emails contain some “flirtatious” exchanges between the two. Yet while the so-called “Plain Sight Doctrine” holds that investigators can pursue evidence of a crime that they encounter in an unrelated investigation, flirtation is not evidence of adultery.


While many of the facts of Allen’s case have yet to be determined, some legal experts wonder if the FBI was required to ignore the emails between Allen and Kelley.


“Whether the supposed basis for the investigation was cyber-harassment, disclosure of classified information, or the vulnerability of the CIA chief to blackmailing, it’s difficult to see how a military commander’s flirtatious emails are relevant,” says Rachel Levinson-Waldman, a lawyer who studies information sharing between national-security agencies at New York University’s Brennan Center for Justice. In such a case, the FBI is usually required to “minimize” — that is, ignore or destroy — information on unrelated parties that it inadvertently collected. In practice, though, Levinson-Waldman cautions, FBI officials have strong incentives to hold on to such material, for fear of jeopardizing potential future investigations.


The FBI, argues the Electronic Frontier Foundation’s Kurt Opsahl, appears to have engaged in “a series of stretches,” to get from investigating Broadwell to turning over Allen’s communications with Kelley to the Defense Department. “I don’t see how that email [traffic] is necessary or how there’s any kind of probable cause to believe there’s any link to the crimes the FBI was investigating,” Opsahl says.


In a statement released by his military lawyer late Wednesday, Allen vowed “to fully cooperate with the Inspector General Investigators” while his nomination to be NATO commander is officially on hold. There’s a possibility that Allen will be vindicated. But if he’s not, he has overzealous FBI investigators to thank — including Humphries, who started it all.


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NBC names new “Today” show chiefs
















(Reuters) – Comcast‘s NBC has appointed two executives to take charge of the “Today” show, a day after the television network announced that longtime producer Jim Bell would be leaving to take a larger role in the sports division.


Don Nash, a broadcast producer who has worked on NBC’s morning show for 23 years, will become the executive producer, reporting to Alexandra Wallace, who has been named executive in charge of the show.













The reshuffling is part of NBC efforts to revive the “Today” show, which has been in a back-and-forth ratings war with ABC’s “Good Morning America” ever since ABC snapped NBC’s 16-year unbeaten streak earlier in the year.


“Today” is one of NBC’s most profitable TV shows, generating $ 485 million in ad revenues in 2011, up 6.6 percent from 2010, according to Kantar Media, which provides data to advertisers. Rival “Good Morning America” took in $ 299 million last year.


NBC said on Tuesday that former executive producer Bell would be leaving the morning show to become a full-time executive producer of the Olympics. The network has a contract to broadcast the Olympics in the United States for the next four games in Russia, Brazil, South Korea and an unnamed host city in 2020.


Bell, who has headed the show since 2005, was blamed this year for the controversial firing of Ann Curry as anchor alongside Matt Lauer.


Reuters had previously reported in August that Bell was in line for a kind of uber-producing sports role like the one Dick Ebersol – NBC’s longtime Olympics executive producer and former sports chief who served as a mentor to Bell – played for the network.


(Reporting By Liana B. Baker; Editing by Tim Dobbyn)


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F.D.A. Seeks More Control Over Drug Compounders


Susan Walsh/Associated Press


Barry Cadden, chief pharmacist for the company that made the contaminated drugs, at a Congressional hearing on Wednesday.







WASHINGTON — The commissioner of the Food and Drug Administration on Wednesday called on Congress to empower the agency to better police compounding pharmacies like the one at the center of a national meningitis outbreak. But Republican lawmakers pushed back, arguing that the agency has enough authority, leaving it unclear whether the House would support efforts to increase oversight.




In a contentious hearing of the House Committee on Energy and Commerce, the commissioner, Dr. Margaret Hamburg, testified that a tangle of conflicting court decisions and the lack of a clear definition of compounding in the law had limited the agency’s ability to build a case against compounding pharmacies that fail to meet basic safety standards.


“There is an enormous lack of clarity, and we should seize this opportunity to address it,” Dr. Hamburg said.


In many cases, such pharmacies are not required to give investigators access to their books, agency officials say. Federal regulators sometimes have to appeal to local courts to gain access to the pharmacies or their records, although, by law, large drug manufacturers must submit to regular inspections. Compounding pharmacies are now regulated primarily by the states.


Dr. Hamburg’s remarks signaled that the Obama administration will press for new legislation in response to the meningitis outbreak, which was caused by contaminated pain medication made by a compounding pharmacy in Massachusetts. So far, 461 people have fallen ill, and 32 of them have died.


The central question is whether the F.D.A. has enough power to crack down on large-scale compounding companies that behave more like drug manufactures than the neighborhood pharmacies that mix medicines for individual patients — the traditional purview of compounders.


Republicans on the committee said the outbreak appeared to have been preventable under existing regulations.  


“After a tragedy like this, the first question we all ask is, ‘Could this have been prevented?’ ” said Representative Cliff Stearns, Republican of Florida, who is chairman of the Subcommittee on Oversight and Investigations. After reviewing documents, he said, “The answer appears to be yes.”


The agency’s critics maintain that the 1938 Food Drug and Cosmetic Act provides it with plenty of authority, but that the F.D.A. failed to use it to shut down the Massachusetts pharmacy, the New England Compounding Center.  


Barry Cadden, the chief pharmacist at the company, and one of the principal owners, invoked his Fifth Amendment right to remain silent in response to every question posed to him during the hearing.


The agency has had dealings with the compounding center in the past, including an inspection in 2002 after reports of problems and a warning letter to the company in 2006. The agency argued that those steps failed to head off the meningitis outbreak in part because the company took advantage of gray areas in the law to elude oversight.


 “Throughout this time, N.E.C.C. has repeatedly disputed F.D.A.’s jurisdiction over its facility,” Dr. Hamburg said in her written testimony.


Republicans on the committee repeatedly cited the 2006 warning letter and the agency’s recent criminal investigation, which involved federal agents seizing computers from the company’s offices.


“We’re just not buying it, doctor,” said Representative Michael C. Burgess, Republican of Texas. “You lack the authority to do anything, yet you send a letter like this?”


Democrats came to Dr. Hamburg’s defense.


 “We need to work together to come up with a solution, but instead what I’m hearing from my Republican colleagues is they want to prosecute the Food and Drug Administration,” said Representative Henry A. Waxman, Democrat of California. “If there’s any ambiguity, it’s our job to clear it up. Why are we looking for anybody to blame other than the company?”


Representative Edward J. Markey, Democrat of Massachusetts, who has proposed legislation to close what he calls regulatory loopholes, said he believed the committee would eventually come together and pass a bill.


Dr. Hamburg proposed requiring large-scale compounders to register with the F.D.A. and report any problems with their products to the agency. She also recommended new labeling requirements that would make clear the origin and the risks of compounded drugs.


Large-scale pharmacy compounding has greatly expanded since the early 1990s, partly because hospitals are increasingly outsourcing the making of the compounded drugs that they need and also because of widespread shortages of medicines made by the big drug manufacturers.


Jess Bidgood contributed reporting from Boston.



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Hormone may help protect monogamous relationships









If retired Army Gen. David H. Petraeus had gotten an occasional dose of supplemental oxytocin, a brain chemical known to promote trust and bonding, he might still be director of the Central Intelligence Agency, new research suggests.

A study published Tuesday in the Journal of Neuroscience has uncovered a surprising new property of oxytocin, finding that when men in monogamous relationships got a sniff of the stuff, they subsequently put a little extra space between themselves and an attractive woman they'd just met.

Oxytocin didn't have the same effect on single heterosexual men, who comfortably parked themselves between 21 and 24 inches from the comely female stranger. The men who declared themselves in "stable, monogamous" relationships and got a dose of the hormone chose to stand, on average, about 6 1/2 inches farther away.





When researchers conducted the experiment with a placebo, they found no differences in the distance that attached and unattached men maintained from a woman they had just met.

Even when an attractive woman was portrayed only in a photograph, the monogamous men who received oxytocin put a bit more distance between themselves and her likeness. But when the new acquaintance was a man, administration of oxytocin did not prompt attached men to stand farther away than single men, the researchers reported.

The latest findings suggest that oxytocin, which floods the body in response to orgasm, early romance, breast-feeding and childbirth, may act more subtly in humans than has been widely understood.

A mounting body of recent research suggests that boosting oxytocin in the human brain will indiscriminately promote trusting, friendly behavior. Research on female prairie voles has suggested the chemical might play some role in pair-bonding, and in humans playing games of risk and power, it increased empathy and trust in males and females alike. Injected into the cerebrospinal fluid of male rats, oxytocin causes spontaneous erections.

Accordingly, researchers examining oxytocin's effects on people — including the authors of the latest study — assumed that men under its influence would draw closer to women, not farther away.

"This was quite surprising," said Dr. Rene Hurlemann, a psychiatrist at the University of Bonn in Germany, who led the study.

At the same time, the new findings make evolutionary sense, Hurlemann added: As human societies evolved to give men an increasing role in safeguarding and supporting their mates and offspring, it appears that oxytocin may have taken on a more discriminating role in human interaction by favoring staying over straying behavior among men who've already found a mate.

Paul Zak, founding director of Claremont Graduate University's Center for Neuroeconomics Studies, said the new findings squared nicely with research, including his own, suggesting oxytocin doesn't merely make people friendlier — it makes them more empathetic, more attuned to social cues, and more inclined to adjust their behavior accordingly.

But the study also suggests something important about the ways in which the human brain differs from those of other animals, said Zak, who was not involved in the German experiments.

"The finding that one's relationship status affects how oxytocin affects the brain provides some evidence that our brains evolved to form long-term romantic relationships," Zak said. "Hugh Hefner is the exception, not the role model for men."

Inhaled oxytocin was marketed until 1997 in the United States under the name Syntocinon as an aid to new mothers having difficulty with breast-feeding. (It was withdrawn for business reasons unrelated to safety concerns.) In recent years, it has been under investigation as a drug that may help those with autism or schizophrenia to strengthen social skills.

Oxytocin's effects in women are quite clear. It plays a pivotal role in childbirth (its infused synthetic form, called Pitocin, is used to induce labor) and in breast-feeding, where it facilitates the "letdown" of milk.

For men, however, the chemical's effects have been mysterious. High levels of testosterone, for instance, inhibit the release of oxytocin.

Asked whether an oxytocin nasal spray might be used to help philandering males resist temptation, Hurlemann chuckled and asked whether any drug could be so powerful. At the same time, he underscored that high levels of oxytocin — or its more masculine counterpart, the hormone vasopressin — are produced by the body in response to sexual activity, cuddling or even the touch or close physical presence of a mate.

"What we actually simulate is a kind of post-coital posture" with the nasal administration of oxytocin, Hurlemann said. "And why should you actually approach another women when you're in a post-coital situation? It doesn't make much sense."

For women whose partners seem to get a little too friendly with new female acquaintances at parties, he said, the effects of inhaled oxytocin might be achieved by other means.

"It might make a lot of sense to remind him of the relationship, and sexual activity might be one means of achieving this," Hurlemann said. "I'm not sure it's politically correct to say so, but from a biological point of view, it makes sense."

melissa.healy@latimes.com





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Deodorizing Underwear: Why Does Japan Get All the Cool Stuff?











Soon, silent but deadly will just be … silent. At least, that’s the promise a Japanese company is making about its line of deodorizing underwear, which has reportedly become a hit among Japanese businessmen.


Seiren, the company behind the Deoest underwear line, says it has been working on the garments for a few years. The deodorizing power comes from odor-absorbing ceramic particles that are incorporated into the fibers of the underwear. Though Sieren says the garments were originally developed for those suffering from irritable bowel syndrome, Deoest has quickly gained popularity among Japanese businessmen.


Following the success of the underwear, the company added an array of other odor-eliminating undergarments for other oft-smelly body parts, including socks and undershirts.


via PhysOrg






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