North Korea to target U.S. with nuclear, rocket tests


SEOUL (Reuters) - North Korea said on Thursday it would carry out further rocket launches and a nuclear test that would target the United States, dramatically stepping up its threats against a country it called its "sworn enemy".


The announcement by the country's top military body came a day after the U.N. Security Council agreed to a U.S.-backed resolution to censure and sanction North Korea for a rocket launch in December that breached U.N. rules.


"We are not disguising the fact that the various satellites and long-range rockets that we will fire and the high-level nuclear test we will carry out are targeted at the United States," North Korea's National Defence Commission said, according to state news agency KCNA.


North Korea is believed by South Korea and other observers to be "technically ready" for a third nuclear test, and the decision to go ahead rests with leader Kim Jong-un who pressed ahead with the December rocket launch in defiance of the U.N. sanctions.


China, the one major diplomatic ally of the isolated and impoverished North, agreed to the U.S.-backed resolution and it also supported resolutions in 2006 and 2009 after Pyongyang's two earlier nuclear tests.


Thursday's statement by North Korea represents a huge challenge to Beijing as it undergoes a leadership transition with Xi Jinping due to take office in March.


China's Foreign Ministry called for calm and restraint and a return to six-party talks, but effectively singled out North Korea, urging the "relevant party" not to take any steps that would raise tensions.


"We hope the relevant party can remain calm and act and speak in a cautious and prudent way and not take any steps which may further worsen the situation," ministry spokesman Hong Lei told reporters at a regular press briefing.


North Korea has rejected proposals to restart the talks aimed at reining in its nuclear capacity. The United States, China, Russia, Japan and the two Koreas are the six parties involved.


"After all these years and numerous rounds of six-party talks we can see that China's influence over North Korea is actually very limited. All China can do is try to persuade them not to carry out their threats," said Cai Jian, an expert on Korea at Fudan University in Shanghai.


Analysts said the North could test as early as February as South Korea prepares to install a new, untested president or that it could choose to stage a nuclear explosion to coincide with former ruler Kim Jong-il's Feb 16 birthday.


"North Korea will have felt betrayed by China for agreeing to the latest U.N. resolution and they might be targeting (China) as well (with this statement)," said Lee Seung-yeol, senior research fellow at Ewha Institute of Unification Studies in Seoul.


U.S. URGES NO TEST


Washington urged North Korea not to proceed with a third test just as the North's statement was published on Thursday.


"Whether North Korea tests or not is up to North Korea," Glyn Davies, the top U.S. envoy for North Korean diplomacy, said in the South Korean capital of Seoul.


"We hope they don't do it. We call on them not to do it," Davies said after a meeting with South Korean officials. "This is not a moment to increase tensions on the Korean peninsula."


The North was banned from developing missile and nuclear technology under sanctions dating from its 2006 and 2009 nuclear tests.


A South Korean military official said the concern now is that Pyongyang could undertake a third nuclear test using highly enriched uranium for the first time, opening a second path to a bomb.


North Korea's 2006 nuclear test using plutonium produced a puny yield equivalent to one kiloton of TNT - compared with 13-18 kilotons for the Hiroshima bomb - and U.S. intelligence estimates put the 2009 test's yield at roughly two kilotons


North Korea is estimated to have enough fissile material for about a dozen plutonium warheads, although estimates vary, and intelligence reports suggest that it has been enriching uranium to supplement that stock and give it a second path to the bomb.


According to estimates from the Institute for Science and International Security from late 2012, North Korea could have enough weapons grade uranium for 21-32 nuclear weapons by 2016 if it used one centrifuge at its Yongbyon nuclear plant to enrich uranium to weapons grade.


North Korea gave no time-frame for the coming test and often employs harsh rhetoric in response to U.N. and U.S. actions that it sees as hostile.


Its long-range rockets are not seen as capable of reaching the United States mainland and it is not believed to have the technology to mount a nuclear warhead on a long-range missile.


The bellicose statement on Thursday appeared to dent any remaining hopes that Kim Jong-un, believed to be 30 years old, would pursue a different path from his father Kim Jong-il, who oversaw the country's military and nuclear programs.


The older Kim died in December 2011.


"The UNSC (Security Council) resolution masterminded by the U.S. has brought its hostile policy towards the Democratic Peoples Republic of Korea (North Korea) to its most dangerous stage," the commission was quoted as saying.


(Additional reporting by Christine Kim in SEOUL, Ben Blanchard and Sui-Lee Wee in Beijing; Writing by David Chance; Editing by Raju Gopalakrishnan)



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13 bids for Yishun mixed commercial & residential site tender






SINGAPORE: The tender for a mixed commercial and residential site at Yishun Ring Road/Yishun Avenue 9 has attracted 13 bids.

According to the Housing and Development Board (HDB), the highest bid of S$212.1 million was submitted by CEL Property - subsidiary of Singapore-listed Chip Eng Seng Corporation.

This translates into about S$8,551 per square metre of gross floor area.

The second highest bid was jointly placed by Boo Han Holdings and Far East Orchard at S$193.7 million.

URA said the other bids for the 99-year leasehold site ranged between S$55.5 million to S$182.6 million.

CBRE Research said the level of interest was "within expectations".

It believed that the residential project above the retail space should generate a fair amount of interest, going by the success of other mixed-use sites like The Hillier and Bedok Residences.

The firm pointed out that Northpoint is the only shopping mall in the area at present. Hence, the retail space that is developed in the site should be well-received by residents, office workers and students in the vicinity.

Desmond Sim, Associate Director, CBRE Research said: "This site will be the first private residential project in the proximity of Yishun MRT station and will be a pre-cursor to the next mixed use site at the current Yishun Bus Interchange, that will be put up for sale in June 2013."

CBRE Research estimates that the developer could sell the retail portion on a strata-titled basis at around S$3,000 psf to S$4,000 psf and the residential units at around S$900 psf."

The land parcel spans 8,858.3 square metres, and has a maximum permissible gross floor area of 24,803 square metres.

HDB said a decision on the award of the tender would be made after the bids have been evaluated.

- CNA/xq



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Hindu terror: Congress rallies behind Shinde as BJP wants him sacked

NEW DELHI/BANGALORE: Congress and the government on Thursday slammed BJP for its "unnecessary and unwarranted" agitation over home minister Sushilkumar Shinde's remarks on Hindu terror, saying it was a "diversionary tactics" to keep away media attention from its internal affairs.

Rejecting BJP chief Rajnath Singh's demand for an apology by Shinde on the issue, AICC general secretary Digvijay Singh asked the BJP president, its senior leader Lal Krishna Advani and Uma Bharti to apologize for speaking in favour Pragya Thakur, the alleged mastermind in Malegaon and Modasa blast cases.

"BJP's agitation is unwarranted, unnecessary. BJP does not have any issues against our government. That is why they are making this non-issue an issue," Union minister V Narayanasamy said reacting to BJP's tirade against Shinde.

He said that what the home minister meant was that "we should not allow terrorism by any religious group or in any part of the country".

Party spokesperson Renuka Chowdhary said it was a "diversionary tactics" by BJP to shift attention from the circumstances in which they had to change their BJP president at the last moment.

"What wrong has Shinde said? He is the home minister. He must be having some facts. The party has already made it clear that Congress believes that terror has no religion or colour. Then what is this fuss all about. They are just trying to divert attention," Chowdhary said.

Singh also played the dalit card in defence of Shinde asking whether BJP was trying to build this atmospohere "because they are not liking a dalit home minister".

"The home minister, himself, has taken back his words on Hindu terror. Congress has also made it clear that terror has no religion or colour.

"If BJP asks Shinde to apologize, we ask LK Advani, Rajnath Singh and Uma Bharti to apologize," he said, asking why Advani went and Sushma Swaraj had met the Prime Minister over Pragya Thakur's arrest," the AICC leader said.

'Sack Shinde'

Leaders of ruling BJP in Karnataka hit the streets in Bangalore on Thursday as part of the party's nation-wide protest against Union home minister Sushilkumar Shinde's remarks alleging RSS and BJP were involved in "Hindu terror".

Leading the protest at the busy Mysore Circle in the state capital, BJP state unit President and deputy chief minister KS Eshwarappa slammed Shinde's for his controversial remarks and demanded that AICC chief Sonia Gandhi and Prime Minister Manmohan Singh sack him.

"Sonia Gandhi and Manmohan Singh should sack Shinde from the Union Cabinet for linking Sangh Parivar including the BJP with 'Hindu terror'. If the Union government does not sack Shinde, BJP will take the fight to the streets," Eshwarappa warned.

Eshwarappa accused the Congress of creating a wedge between Hindus and Muslims, who have been living peacefully for several years.

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Women have caught up to men on lung cancer risk


Smoke like a man, die like a man.


U.S. women who smoke today have a much greater risk of dying from lung cancer than they did decades ago, partly because they are starting younger and smoking more — that is, they are lighting up like men, new research shows.


Women also have caught up with men in their risk of dying from smoking-related illnesses. Lung cancer risk leveled off in the 1980s for men but is still rising for women.


"It's a massive failure in prevention," said one study leader, Dr. Michael Thun of the American Cancer Society. And it's likely to repeat itself in places like China and Indonesia where smoking is growing, he said. About 1.3 billion people worldwide smoke.


The research is in Thursday's New England Journal of Medicine. It is one of the most comprehensive looks ever at long-term trends in the effects of smoking and includes the first generation of U.S. women who started early in life and continued for decades, long enough for health effects to show up.


The U.S. has more than 35 million smokers — about 20 percent of men and 18 percent of women. The percentage of people who smoke is far lower than it used to be; rates peaked around 1960 in men and two decades later in women.


Researchers wanted to know if smoking is still as deadly as it was in the 1980s, given that cigarettes have changed (less tar), many smokers have quit, and treatments for many smoking-related diseases have improved.


They also wanted to know more about smoking and women. The famous surgeon general's report in 1964 said smoking could cause lung cancer in men, but evidence was lacking in women at the time since relatively few of them had smoked long enough.


One study, led by Dr. Prabhat Jha of the Center for Global Health Research in Toronto, looked at about 217,000 Americans in federal health surveys between 1997 and 2004.


A second study, led by Thun, tracked smoking-related deaths through three periods — 1959-65, 1982-88 and 2000-10 — using seven large population health surveys covering more than 2.2 million people.


Among the findings:


— The risk of dying of lung cancer was more than 25 times higher for female smokers in recent years than for women who never smoked. In the 1960s, it was only three times higher. One reason: After World War II, women started taking up the habit at a younger age and began smoking more.


—A person who never smoked was about twice as likely as a current smoker to live to age 80. For women, the chances of surviving that long were 70 percent for those who never smoked and 38 percent for smokers. In men, the numbers were 61 percent and 26 percent.


—Smokers in the U.S. are three times more likely to die between ages 25 and 79 than non-smokers are. About 60 percent of those deaths are attributable to smoking.


—Women are far less likely to quit smoking than men are. Among people 65 to 69, the ratio of former to current smokers is 4-to-1 for men and 2-to-1 for women.


—Smoking shaves more than 10 years off the average life span, but quitting at any age buys time. Quitting by age 40 avoids nearly all the excess risk of death from smoking. Men and women who quit when they were 25 to 34 years old gained 10 years; stopping at ages 35 to 44 gained 9 years; at ages 45 to 54, six years; at ages 55 to 64, four years.


—The risk of dying from other lung diseases such as emphysema and chronic bronchitis is rising in men and women, and the rise in men is a surprise because their lung cancer risk leveled off in 1980s.


Changes in cigarettes since the 1960s are a "plausible explanation" for the rise in non-cancer lung deaths, researchers write. Most smokers switched to cigarettes that were lower in tar and nicotine as measured by tests with machines, "but smokers inhaled more deeply to get the nicotine they were used to," Thun said. Deeper inhalation is consistent with the kind of lung damage seen in the illnesses that are rising, he said.


Scientists have made scant progress against lung cancer compared with other forms of the disease, and it remains the leading cause of cancer deaths worldwide. More than 160,000 people die of it in the U.S. each year.


The federal government, the Canadian Institutes of Health Research, the Bill and Melinda Gates Foundation, the cancer society and several universities paid for the new studies. Thun testified against tobacco companies in class-action lawsuits challenging the supposed benefits of cigarettes with reduced tar and nicotine, but he donated his payment to the cancer society.


Smoking needs more attention as a health hazard, Dr. Steven A. Schroeder of the University of California, San Francisco, wrote in a commentary in the journal.


"More women die of lung cancer than of breast cancer. But there is no 'race for the cure' for lung cancer, no brown ribbon" or high-profile advocacy groups for lung cancer, he wrote.


Kathy DeJoseph, 62, of suburban Atlanta, finally quit smoking after 40 years — to qualify for lung cancer surgery last year.


"I tried everything that came along, I just never could do it," even while having chemotherapy, she said.


It's a powerful addiction, she said: "I still every day have to resist wanting to go buy a pack."


___


Online:


American Cancer Society: http://www.cancer.org


National Cancer Institute: http://www.cancer.gov/cancertopics/tobacco/smoking and http://www.cancer.gov/cancertopics/types/lung


Medical journal: http://www.nejm.org


___


Marilynn Marchione can be followed at http://twitter.com/MMarchioneAP


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Majority Favors Obama's Gun Control Plan


Jan 24, 2013 7:00am







ap obama gun control 121219 wblog Majority Sees Obamas Gun Control Plan Favorably

Charles Dharapak/AP Photo


Most Americans respond positively to the stricter gun control measures Barack Obama proposed last week in the wake of the tragic shootings in Newtown, Conn. – but by less of a margin than such measures receive outside the context of partisan politics.


Fifty-three percent in the latest ABC News/Washington Post poll view Obama’s gun control plan favorably, 41 percent unfavorably. Strong proponents outnumber strong opponents by 38 vs. 31 percent in this poll, produced for ABC by Langer Research Associates.


See PDF with full results here.


Obama urged measures including background checks on all guns sales, reinstating the assault weapons ban, banning high-capacity ammunition magazines and armor-piercing bullets, new gun trafficking laws and increased access to mental health treatment.


Support for the package is lower than it was for some of the same steps tested individually in an ABC/Post poll earlier this month. Majorities from 88 to 65 percent favored background checks at gun shows and on ammunition purchases, creating a federal database to track gun sales and banning high-capacity magazines. That included, in each case, majorities of Democrats, Republicans and independents alike.


In this poll, asking about “Barack Obama’s proposals for stricter gun control,” partisan allegiances kick in. The president’s proposals are seen favorably by 76 percent of Democrats but unfavorably by 72 percent of Republicans; most on each side feel strongly about their respective positions. Independents split 51-44 percent, favorable-unfavorable.


What remains to be seen is whether the president can overcome those partisan predispositions in his efforts to encourage Congress to pass the legislation he seeks.


Among other groups, Obama’s proposals are viewed positively by 56 percent of women vs. 49 percent of men; 58 percent of seniors vs. 47 percent of young adults; 66 percent in the Northeast vs. 50 percent in the rest of the country; 72 percent of nonwhites vs. 43 percent of whites; and 73 percent of liberals vs. 36 percent of conservatives.


The survey was done by landline and cellular telephone Jan. 16-20 among a random national sample of 1,033 adults, and the results have a 3.5 point-error margin.



SHOWS: This Week







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Cameron promises Britons straight choice on EU exit


LONDON (Reuters) - Prime Minister David Cameron promised on Wednesday to give Britons a referendum choice on whether to stay in the European Union or leave if he wins an election in 2015, placing a question mark over Britain's membership for years.


Cameron ended months of speculation by announcing in a speech the plan for a vote sometime between 2015 and the end of 2017, shrugging off warnings that this could imperil Britain's economic prospects and alienate its biggest trading partner.


He said the island nation, which joined the EU's precursor European Economic Community 40 years ago, did not want to retreat from the world, but public disillusionment with the EU was at "an all-time high".


"It is time for the British people to have their say. It is time for us to settle this question about Britain and Europe," Cameron said. His Conservative party will campaign for the 2015 election promising to renegotiate Britain's EU membership.


"When we have negotiated that new settlement, we will give the British people a referendum with a very simple in or out choice to stay in the European Union on these new terms; or come out altogether. It will be an in-out referendum."


The speech firmly ties Cameron to an issue that was the bane of a generation of Conservative leaders. In the past, he has avoided partisan fights over Europe, the undoing of the last two Conservative prime ministers, John Major and Margaret Thatcher.


Britain would seek to claw back powers from Brussels, he said, a proposal that will be difficult to sell to other European countries. London will do an "audit" to determine which powers Brussels has that should be delegated to member states.


Sterling fell to its lowest in nearly five months against the dollar on Wednesday as Cameron was speaking.


The response from EU partners was predictably frosty. French Foreign Minister Laurent Fabius quipped: "If Britain wants to leave Europe we will roll out the red carpet for you," echoing Cameron himself, who once used the same words to invite rich Frenchmen alienated by high taxes to move to Britain.


German Foreign Minister Guido Westerwelle said his country wanted Britain to remain a full EU member, but London could not expect to pick and choose the aspects of membership it liked.


Business leaders have warned that the prospect of years of doubt over Britain's EU membership would damage the investment climate.


"Having a referendum creates more uncertainty and we don't need that," Martin Sorrell, chief executive of advertising giant WPP, told the World Economic Forum in Davos.


"This is a political decision. This is not an economic decision. This isn't good news. You added another reason why people will postpone investment decisions."


The speech also opens a rift with Cameron's junior coalition partners, the Liberal Democrats. Their leader, Deputy Prime Minister Nick Clegg, said the plan would undermine a fragile economic recovery.


And even allies further afield are wary: the United States has said it wants Britain to remain inside the EU with "a strong voice".


EUROSCEPTICS THRILLED


Cameron has been pushed into taking such a strong position in part by the rise of the UK Independence Party, which favors complete withdrawal from the EU and has climbed to third in opinion polls, mainly at the expense of the Conservatives.


"All he's trying to do is to kick the can down the road and to try and get UKIP off his back," said UKIP leader Nigel Farage.


Eurosceptics in Cameron's party were thrilled by the speech. Conservative lawmaker Peter Bone called it "a terrific victory" that would unify 98 percent of the party. "He's the first prime minister to say he wants to bring back powers from Brussels," Bone told Reuters. "It's pretty powerful stuff".


Whether Cameron will ever hold the referendum remains as uncertain as the Conservatives' chances of winning the next election in 2015.


They trail the opposition Labour party in opinion polls, and the coalition government is grappling with a stagnating economy as it pushes through public spending cuts to reduce Britain's large budget deficit.


Cameron said he would prefer Britain, the world's sixth biggest economy, to remain inside the 27-nation EU. As long as he secured the reforms he wants, he would campaign for Britain to stay inside the EU "with all my heart and soul".


But he also made clear he believed the EU must be radically reformed. It was riskier to maintain the status quo than to change, he said.


"The biggest danger to the European Union comes not from those who advocate change, but from those who denounce new thinking as heresy," he said.


"WAFER THIN" CONSENT


The euro zone debt crisis was forcing the bloc to change, and Britain would fight to make sure new rules were fair to countries that didn't use the common currency, he said. Britain is the largest of the 10 EU members that do not use the euro.


Democratic consent for the EU in Britain was now "wafer thin", he said, reflecting the results of opinion polls that show a slim majority would vote to leave the bloc.


"Some people say that to point this out is irresponsible, creates uncertainty for business and puts a question mark over Britain's place in the European Union," said Cameron. "But the question mark is already there: ignoring it won't make it go away."


Asked after the speech whether other EU countries would agree to renegotiate Britain's membership, Cameron said he was an optimist and that there was "every chance of success."


"I want to be the prime minister who confronts and gets the right answer for Britain on these kind of issues," he said.


It is nearly 40 years since British voters last had a say in a referendum on Britain's membership of the European club. A 1975 vote saw just over 67 percent opt to stay inside with nearly 33 percent wanting to leave.


(Additional reporting by Paul Taylor in Davos and Alexandra Hudson in Berlin; Editing by Guy Faulconbridge and Peter Graff)



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Smaller terror groups drive threat in Indonesia






JAKARTA: With all the major suspects involved in the 2002 Bali bombings killed or imprisoned, smaller groups with more local aims are driving the terrorist threat in Indonesia.

Experts highlighted this, as part of discussions into the changing pattern of terrorism, at a forum in Jakarta.

Indonesian security forces have so far arrested almost 800 people on suspicion of militancy and sentenced nearly 700 of them.

But while the security forces' efforts and internal rifts have left Indonesia's most feared terror group Jemaah Islamiyah weakened, some members have now moved to form new cells and seek new recruits.

These new cells are now targeting the police, rather than orchestrating large scale bombings against Westerners.

"Like it or not, the excessive use of violence by authorities has spurred the possibility of the emergence of small cells, therefore we witness, if we look at the incidents, more attacks are towards the police," said Noor Huda Ismail, director executive at Institute for International Peace Building.

"Because they have enough oxygen to continue to breathe, enough ammunition to continue the recruitment because of the excessive of powers and this problem will linger until the next years."

Terrorists are increasingly using the Internet to tap into this perception of over-reach by authorities, using it to spread their message, and also raise funds.

They are even looking into hacking as part of fund raising efforts, in addition to donations, bank robberies, and legitimate front businesses.

But their network on the ground remains strong.

Experts say a major challenge for authorities is to track "dot connectors" -- ordinary people with radical thoughts who volunteer to connect the different terror cells spread out across the country.

"We tend to focus on big names like Santoso (a wanted terror suspect), who has become a celebrity in the media, but we forget these small actors who actually connect the dots," said Ms Noor Huda.

Ms Noor Huda also said post conflict areas such as Poso and Ambon will remain vulnerable conflict areas as they are conducive places for further terrorist recruitment.

Women who in the past served as moral support are now taking an active role in the terror cells by running shelters for terrorists on the run.

Terror expert Professor Greg Barton, meanwhile, put the focus on at-risk groups vulnerable to being recruited, saying the government needs to pay more attention to them.

He also felt civil society needs to be empowered to help prevent terror convicts from becoming repeat offenders.

Prof Barton said: "At best, many people who could be helped to permanently walk away from terrorism fall back into the old communities, the old networks because they are not helped to provide an alternative. Practical things like plugging them into new employment opportunities, new social networks are really key."

Professor Barton hopes Indonesia's two largest Muslim organisations, Nahdatul Ulama and Muhammadiyah, play a larger role in creating post-prison rehabilitation programmes to help former convicts embrace a new way of life.

- CNA/xq



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Want to reduce negative politics: Rahul tells party leaders

NEW DELHI: Newly-appointed Congress vice president Rahul Gandhi Wednesday said he wanted to try and reduce the "negative politics" and get into "positive politics", which would take the country forward.

Addressing party leaders at the 24, Akbar Road party office here, Gandhi said he wanted to make the Congress party "accessible to as many people... this is my sentiment".

He said political discussions tended to be "extremely acrimonious, fighting with each other over small reasons... want to try and reduce that, don't want to get into negative politics, want to get into positive politics as that is what will take the country forward".

"We are a dynamic country and this country can do wonders... Lately I feel a lot of the discussion is negative... there is a lot of positive things happening everyday... Many youngsters are transforming things."

He was elevated Saturday to the post of party vice president at the Congress Chintan Shivir in Jaipur.

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Foes of NYC soda size limit doubt racial fairness


NEW YORK (AP) — Opponents of the city's limit on the size of sugary drinks are raising questions of racial fairness alongside other complaints as the novel restriction faces a court test.


The NAACP's New York state branch and the Hispanic Federation have joined beverage makers and sellers in trying to stop the rule from taking effect March 12. With a hearing set Wednesday, critics are attacking what they call an inconsistent and undemocratic regulation, while city officials and health experts defend it as a pioneering and proper move to fight obesity.


The issue is complex for the minority advocates, especially given obesity rates that are higher than average among blacks and Hispanics, according to the federal Centers for Disease Control. The groups say in court papers they're concerned about the discrepancy, but the soda rule will unduly harm minority businesses and "freedom of choice in low-income communities."


The latest in a line of healthy-eating initiatives during Mayor Michael Bloomberg's administration, the beverage rule bars restaurants and many other eateries from selling high-sugar drinks in cups or containers bigger than 16 ounces. Violations could bring $200 fines; the city doesn't plan to start imposing those until June.


The city Board of Health OK'd the measure in September. Officials cited the city's rising obesity rate — about 24 percent of adults, up from 18 percent in 2002 — and pointed to studies linking sugary drinks to weight gain. Care for obesity-related illnesses costs more than $4.7 billion a year citywide, with government programs paying about 60 percent of that, according to city Health Commissioner Dr. Thomas Farley.


"It would be irresponsible for (the health board) not to act in the face of an epidemic of this proportion," the city says in court papers. The National Association of Local Boards of Health and several public health scholars have backed the city's position in filings of their own.


Opponents portray the regulation as government nagging that turns sugary drinks into a scapegoat when many factors are at play in the nation's growing girth.


The American Beverage Association and other groups, including movie theater owners and Korean grocers, sued. They argue that the first-of-its-kind restriction should have gone before the elected City Council instead of being approved by the Bloomberg-appointed health board.


Five City Council members echo that view in a court filing, saying the Council is "the proper forum for balancing the city's myriad interests in matters of public health." The Bloomberg administration counters that the health board, made up of doctors and other health professionals, has the "specialized expertise" needed to make the call on limiting cola sizes.


The suit also argues the rule is too narrow to be fair. Alcohol, unsweetened juice and milk-based drinks are excluded, as are supermarkets and many convenience stores — including 7-Eleven, home of the Big Gulp — that aren't subject to city health regulations.


The NAACP and the Hispanic Federation, a network of 100 northeastern groups, say minority-owned delis and corner stores will end up at a disadvantage compared to grocery chains.


"This sweeping regulation will no doubt burden and disproportionally impact minority-owned businesses at a time when these businesses can least afford it," they said in court papers. They say the city should focus instead on increasing physical education in schools.


During Bloomberg's 11-year tenure, the city also has made chain restaurants post calorie counts on their menus and barred artificial trans fats in french fries and other restaurant food.


In general, state and local governments have considerable authority to enact laws intended to protect people's health and safety, but it remains to be seen how a court will view a portion-size restriction, said Neal Fortin, director, Institute for Food Laws and Regulations at Michigan State University.


___


Follow Jennifer Peltz at http://twitter.com/jennpeltz


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Te'o Tells Couric He Briefly Lied About Girlfriend













Manti Te'o briefly lied to the media and the public after discovering his online girlfriend did not exist and was a part of an elaborate hoax, he admitted in an exclusive interview with ABC News' Katie Couric.


The star Notre Dame linebacker, who has been hounded by the reporters since the story broke Jan. 16, told Couric in a taped interview Tuesday that he was not lying up until December. Te'o said he was duped into believing his online girlfriend, Lennay Kekua, died of cancer.


"You stuck to the script. And you knew that something was amiss, Manti," Couric said.


"Katie, put yourself in my situation. I, my whole world told me that she died on Sept. 12. Everybody knew that. This girl, who I committed myself to, died on Sept. 12," Te'o said.


Te'o said he received a phone call Dec. 6 from a woman claiming she was Kekua, even though Kekua had allegedly passed away three months earlier.


"Now I get a phone call on Dec. 6, saying that she's alive and then I'm going be put on national TV two days later. And to ask me about the same question. You know, what would you do?" Te'o said.


See more exclusive previews tonight on "World News With Diane Sawyer" and "Nightline." Watch Katie Couric's interview with Manti Te'o and his parents Thursday. Check your local listings or click here for online station finder.


Te'o, 21, was joined by his parents, Brian and Ottilia, in the interview.


"Now many people writing about this are calling your son a liar. They are saying he manipulated the truth, really for personal gain," Couric said to Te'o's father.








Man Allegedly Behind the Manti Te?o Dead Girlfriend Hoax Watch Video









Manti Te'o Girlfriend Hoax: The Man Accused of Elaborate Prank Watch Video









'Catfish' Documentary Creator on Manti Te'o Hoax Watch Video





"People can speculate about what they think he is. I've known him 21 years of his life. And he's not a liar. He's a kid," Brian Te'o said with tears in his eyes.


Click here for a who's who in the Manti Te'o case.


Diane O'Meara told NBC's "Today" show Tuesday that she was used as the "face" of the Twitter account of Manti Te'o's online girlfriend without her knowledge or consent.


O'Meara said that Ronaiah Tuiasosopo used pictures of her without her knowledge in creating Kekua.


"I've never met Manti Te'o in my entire life. I've never spoke with him. I've never exchanged words with him," O'Meara said Tuesday.


The 23-year-old marketing executive went to high school in California with Tuiasosopo, but she says they're not close. Tuiasosopo called to apologize the day Deadspin.com broke the hoax story, she said.


Timeline of Manti Te'o girlfriend hoax story


In an interview with ESPN last week, Te'o said he had received a Twitter message from Tuiasosopo apologizing for the hoax.


The Hawaiian also spoke to Tuiasosopo on the phone the day the Deadspin report came out, according to ESPN.com. He found out that "two guys and a girl are responsible for the whole thing," he said.


But he did not know the identities of the other individuals involved, other than the man he says was Tuiasosopo.


Tuiasosopo, a 22-year-old resident of California, has not admitted involvement publicly. Tuiasosopo graduated from Paraclete High School in Lancaster, Calif., in 2007 and has posted dozens of videos online signing Christian songs.


Those who knew him say he was a devout Christian and a good athlete. His former football coach Jon Flemming described him as gregarious, and from a "good loving family." Flemming said Tuiasosopo is the kind of guy who gives you a hug when he sees people he knows.


"He's doing good. Wishing everyone would go away," Flemming told ABC News Wednesday after a recent correspondence with Tuiasosopo.


Flemming said Tuiasosopo is "somebody I'd want my kid to grow up like. He's responsible, respectful, disciplined, dedicated."


Tessi Toluta'u, a Polynesian beauty queen, told ABC News this weekend that "Lennay Kekua" reached out to her in 2008 about entering pageants.


When visiting Los Angeles in 2009, Toluta'u was supposed to meet Kekua, but she failed to appear. Tuiasosopo met Toluta'u instead.


"[It's a] sick joke that went way too far," Toluta'u said.



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