Booze calories nearly equal soda's for US adults

NEW YORK (AP) — Americans get too many calories from soda. But what about alcohol? It turns out adults get almost as many empty calories from booze as from soft drinks, a government study found.

Soda and other sweetened drinks — the focus of obesity-fighting public health campaigns — are the source of about 6 percent of the calories adults consume, on average. Alcoholic beverages account for about 5 percent, the new study found.

"We've been focusing on sugar-sweetened beverages. This is something new," said Cynthia Ogden, one of the study's authors. She's an epidemiologist with the Centers for Disease Control and Prevention which released its findings Thursday.

The government researchers say the findings deserve attention because, like soda, alcohol contains few nutrients but plenty of calories.

The study is based on interviews with more than 11,000 U.S. adults from 2007 through 2010. Participants were asked extensive questions about what they ate and drank over the previous 24 hours.

The study found:

—On any given day, about one-third of men and one-fifth of women consumed calories from beer, wine or liquor.

—Averaged out to all adults, the average guy drinks 150 calories from alcohol each day, or the equivalent of a can of Budweiser.

—The average woman drinks about 50 calories, or roughly half a glass of wine.

—Men drink mostly beer. For women, there was no clear favorite among alcoholic beverages.

—There was no racial or ethnic difference in average calories consumed from alcoholic beverages. But there was an age difference, with younger adults putting more of it away.

For reference, a 12-ounce can of regular Coca-Cola has 140 calories, slightly less than a same-sized can of regular Bud. A 5-ounce glass of wine is around 100 calories.

In September, New York City approved an unprecedented measure cracking down on giant sodas, those bigger than 16 ounces, or half a liter. It will take effect in March and bans sales of drinks that large at restaurants, cafeterias and concession stands.

Should New York officials now start cracking down on tall-boy beers and monster margaritas?

There are no plans for that, city health department officials said, adding in a statement that while studies show that sugary drinks are "a key driver of the obesity epidemic," alcohol is not.

Health officials should think about enacting policies to limit alcoholic intake, but New York's focus on sodas is appropriate, said Margo Wootan, director of nutrition policy for the Center for Science in the Public Interest, a public health advocacy group.

Soda and sweetened beverages are the bigger problem, especially when it comes to kids — the No. 1 source of calories in the U.S. diet, she said.

"In New York City, it was smart to start with sugary drinks. Let's see how it goes and then think about next steps," she said.

However, she lamented that the Obama administration is planning to exempt alcoholic beverages from proposed federal regulations requiring calorie labeling on restaurant menus.

It could set up a confusing scenario in which, say, a raspberry iced tea may have a calorie count listed, while an alcohol-laden Long Island Iced Tea — with more than four times as many calories — doesn't. "It could give people the wrong idea," she said.

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Online:

CDC report: http://www.cdc.gov/nchs/

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FBI veteran started Petraeus email probe

The FBI agent who investigated harassing emails to a Florida socialite, a probe that set off a chain of events leading to the resignation of CIA director David Petraeus over an extramarital affair, was a veteran investigator who has worked on high-profile terrorism cases.

The agent was identified as Frederick Humphries by a former federal agent, a source familiar with the Petraeus investigation and Humphries' attorney, Lawrence Berger.

Humphries, 47, received the initial complaint from Jill Kelley, 37, a Tampa, Fla., socialite, about "harassing" emails that an investigation traced back to Paula Broadwell, a 40-year-old author who co-wrote a biography of Petraeus, 60.

The investigation ultimately uncovered evidence of an affair between Broadwell and Petraeus, prompting Petraeus to resign last week.

Berger said his client's family "knew the Kelley family socially for several years." Jill Kelley asked Humphries for advice on what she perceived to be threatening e-mails and he "referred the matter to the bureau as appropriate."

Berger said his client has been wrongly characterized as a "whistleblower," but there is "no action pending against him, nor does he anticipate any future action."

Humphries "referred the matter to the FBI in accordance to proper protocol," Berger added, and the FBI investigation is taking its course.

Berger flatly declined to confirm or provide any details at all regarding Humphries' alleged contacts with the offices of either Rep. Dave Reichert, R-Wash., or House Majority Leader Rep. Eric Cantor, R-Va.

According to the New York Times, Humphries was allegedly concerned the case had been stalled for political reasons, and in late October contacted Reichert, whom he knew from his time working in Washington. The Times reported that Reichert put him in touch with Cantor, who then passed the message to FBI director, Robert Mueller.

An associate of Humphries told ABC News that it was hard to believe that Humphries had contacted elected officials about the case because "everyone knows that's professional suicide" and Humphries is "top notch."

Humphries has worked as a supervisor on Joint Terrorism Task Force in Tampa and has worked on high-profile terrorism cases.

In Seattle, Humphries worked the so-called Millenium terror plot in 1999, which prevented an Algerian al Qaeda member from bombing Los Angeles International Airport.

More recently, he testified in Florida in a terrorism case of Florida student Youssef Megahed and his associates.

In that case, back in 2007, a sheriff's deputy with the Berkeley County Sherriff's Office in South Carolina became suspicious when University of South Florida student Ahmed Mohamed and his companion, fellow USF student Megahed, did not initially stop when they were pulled over for speeding. The officer said he saw Megahed disconnect a power cord from a laptop computer as he approached the car. The deputy searched the vehicle. According to court records, he found safety fuses, several sections of cut PVC piping containing a potassium nitrate explosive mixture and containers filled with gasoline.

The pair was arrested that night for transporting explosives. Following the arrest, the FBI in Tampa and South Carolina began an investigation with the Joint Terrorism Task Force.

Regarding a "shirtless" photo that Humphries reportedly sent to Jill Kelley, Berger told ABC News that several years ago, Humphries sent a "joke picture" of himself to the Kelley family showing Humphries "posing shirtless between two shooting range dummies."

"There was absolutely no romantic involvement or relationship whatsoever between Agent Humphries and Jill Kelley," said Berger.

According to Berger, sharing funny photos was part of the family's relationship.

Berger objected to unattributed comments in the New York Times that his client was "obsessed" with pursuing the matter.

"Is he a dogged, professional, passionate law enforcement officer? Yes," Berger told ABC News. But it would be "incorrect to describe him as obsessed" with this case, said Berger.

According to Berger, Humphries "reported what he knew according to FBI protocol and then let the investigation take its course."

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China's Hu clears way for Xi to take party helm

BEIJING (AP) — President Hu Jintao stepped aside as ruling party leader Wednesday to clear the way for Vice President Xi Jinping to take China's helm as part of only the second orderly transfer of power in 63 years of communist rule.

Hu and senior leaders mostly in their late 60s are handing over power to the leader-in-waiting Xi and other colleagues in their late 50s over the next several months. The new leadership faces daunting challenges including slowing growth in the world's No. 2 economy, rising unrest among increasing assertive citizens and delicate relations with neighboring countries.

In keeping with the widely anticipated succession plans, Hu was not re-elected a member of the party's Central Committee on the final day of a pivotal party congress, showing that he's no longer in the leadership, said two delegates, speaking on condition of anonymity because the official list of members had not yet been released.

It was still unclear whether Hu would relinquish his most powerful remaining position as head of the commission that oversees the military, or hold onto it for a transitional period as previous retiring leaders have done.

Delegates said they cheered when the announced results of secret balloting showed that Xi had been unanimously chosen for the committee, a step toward being named to the topmost panel, the Politburo Standing Committee, and becoming party leader as expected on Thursday. Li Keqiang, designated as the next premier, also was elected to the panel.

"We were very happy, and the whole assembly responded with warm applause," said delegate Si Zefu, president of the Dongfang Electric Corporation based in the central city of Chengdu.

As the final day of the weeklong congress drew to a close in the Great Hall of the People, after reporters were invited into the secretive proceedings, Hu gathered papers before him on the dais of leaders, shook hands with people in the row behind him and walked off the stage.

Sitting on the dais next to Hu was his predecessor, 86-year-old Jiang Zemin, who has emerged as a key power-broker, maneuvering his allies into the leadership at the expense of Hu. Jiang had to be helped up by attendants when congress members stood for the communist anthem, the Internationale. Afterward, Jiang turned to Hu and shook hands before being escorted offstage.

The party's 2,200-plus delegates also rubber-stamped the report Hu delivered last week committing the party to continuing a pro-economic growth agenda while retaining firm political control. Hu urged stronger measures to rein in corruption and make the government more responsive to public demands, but offered little in the way of specifics.

The next lineup of China's most powerful body, the Politburo Standing Committee, will be announced on Thursday. Though congress and Central Committee delegates have some influence over leadership decisions, most of the lineup is decided among a core group of the most powerful party members and elders.

The congress votes are "fully democratic" but "there is a degree of inevitability," actor and party delegate Song Guofeng of Liaoning province said as entered the hall Wednesday for the final session.

"We need to have continuity in leadership to carry on," Song said. "They are already in the leadership core. The stability of the party and of the county is important."

Xi and Li — part of a generation schooled at a time of more openness to the West than their predecessors — were inducted into the leadership five years ago and are shoo-ins for the Standing Committee. But other positions on the panel were believed up for grabs and the subject of intense jockeying ahead of the congress.

The committee currently has nine members but may be reduced to seven. Wang Qishan, another vice premier, was named to the party's disciplinary body in a sign he would likely be named to the top committee.

China's leadership transitions are always occasions for fractious backroom bargaining, but this one has been further complicated by scandals that have fed public cynicism that their leaders are more concerned with power and wealth than government.

In recent months, Bo Xilai, a senior politician seen as a rising star, was purged after his aide exposed that his wife murdered a British businessman. An ally of Hu's was sidelined after his son died in the crash of a Ferrari he shouldn't have been able to afford. And foreign media recently reported that relatives of Xi and outgoing Premier Wen Jiabao had amassed vast wealth. The scandals have weakened Hu, on whose watch they occurred.

Hu took over as party boss in 2002 in the first power transfer that did not involve the death of a leader or the unseating of a designated successor.

He will remain in the largely ceremonial post of president until March. Whether or not he remains head of the military commission should become known Thursday when the next leadership slate is announced.

"He wishes to" stay on, said Zhang Jian, a political scientist at Peking University's School of Government. "But the question is whether or not he succeeded."

However, many analysts have said in recent days they believe Hu has resolved to step down from all posts, in part to set a precedent that retiring leaders remove themselves from politics entirely, unlike Jiang, who held onto the post for two years after his retirement as party head.

"It could be a gesture of slapping Jiang's face," said Warren Sun, a Chinese leadership expert at Australia's Monash University.

In a nod to Hu's 10 years in power, the congress upgraded his pet theory, the Scientific Outlook on Development, to rank alongside other key schools of thought in the party constitution such as Marxism-Leninsim and Mao Zedong Thought. Hu's program called for more balanced growth in an attempt to distribute benefits more fairly across society.

The congress is a largely ceremonial gathering of representatives — mostly carefully selected from the national and provincial political and military elite. The real deal-making for the top positions is done behind the scenes by the true power-holders. The newly selected Central Committee meets Thursday to select the next Politburo and from that, the Politburo Standing Committee.

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Associated Press writers Chris Bodeen, Didi Tang and Charles Hutzler in Beijing contributed to this report.

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Guilty plea expected by reputed Conn. mobster

HARTFORD, Conn. (AP) — A 76-year-old reputed Connecticut mobster is expected to plead guilty in a weapons and prescription drugs case that has revealed the FBI's belief that he has information about the largest art heist in history.

Robert Gentile, of Manchester, has a change-of-plea hearing scheduled in Hartford federal court on Wednesday. He has pleaded not guilty to allegations he illegally possessed firearms and explosives and sold illegally obtained prescription drugs.

It's not clear whether there is a plea deal. Gentile's lawyer and a spokesman for the U.S. attorney's office declined to comment about the hearing.

Gentile hasn't been charged in the museum theft. His attorney, A. Ryan McGuigan, has said his client knows nothing about the heist and isn't a Mafia member.

At a court hearing in March, Assistant U.S. Attorney John Durham said the FBI believes Gentile "had some involvement in connection with stolen property" related to a 1990 heist at Boston's Isabella Stewart Gardner Museum.

Thieves disguised as police officers struck as the city finished celebrating St. Patrick's Day, tying up two guards and making off with 13 pieces of art including masterworks by Rembrandt, Vermeer, Degas and Manet worth more than a half-billion dollars. The artwork hasn't been found and the museum is still offering a $5 million reward.

Durham has said that FBI agents had unproductive discussions with Gentile about the theft, but he didn't elaborate on his allegations. Durham also said the FBI believes Gentile is a made member of a Philadelphia crime family.

Gentile has been detained since February when he and an associate, Anthony Parente, were charged with selling illegally obtained prescription drugs including OxyContin, Dilaudid and Percocet.

Authorities searched Gentile's home and reported finding homemade dynamite sticks, several guns, ammunition, homemade silencers, a bulletproof vest, handcuffs, police scanners, brass knuckles and $22,000 in cash at the bottom of a grandfather clock.

Federal agents swarmed Gentile's home again in May in what McGuigan called a veiled attempt to find the stolen paintings. McGuigan said at the time that the FBI got a new warrant allowing the use of ground-penetrating radar to look for buried weapons, but he believed they really were looking for the artwork.

"This is nonsense," McGuigan said in May. "This is the FBI. Are you trying to tell me they missed something the first time? They're trying to find $500 million of stolen artwork. ... All they're going to find is night crawlers."

All McGuigan would say on Tuesday was that Gentile has been confined in a cell by himself and "looks terrible."

"They have him in a hole 24 hours a day where he can't see anybody," McGuigan said.

Gentile is charged with three weapons crimes that each carry up to 10 years in prison and six drug crimes that carry up to 20 years in prison apiece. He wasn't supposed to have any guns because of a 1990s larceny conviction.

The drug case against Parente remains pending. He is free on bail.

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Report: FDA wanted to close Mass pharmacy in 2003

WASHINGTON (AP) — Nearly a decade ago, federal health inspectors wanted to shut down the pharmacy linked to a recent deadly meningitis outbreak until it cleaned up its operations, according to congressional investigators.

About 440 people have been sickened by contaminated steroid shots distributed by New England Compounding Center, and more than 32 deaths have been reported since the outbreak began in September, according to the Centers for Disease Control and Prevention. That has put the Framingham, Mass.-based pharmacy at the center of congressional scrutiny and calls for greater regulation of compounding pharmacies, which make individualized medications for patients and have long operated in a legal gray area between state and federal laws.

The House Energy and Commerce Committee released a detailed history of NECC's regulatory troubles on Monday, ahead of a meeting Wednesday meeting to examine how the outbreak could have been prevented. The 25-page report summarizes and quotes from FDA and state inspection memos, though the committee declined to release the original documents.

The report shows that after several problematic incidents, Food and Drug Administration officials in 2003 suggested that the compounding pharmacy be "prohibited from manufacturing" until it improved its operations. But FDA regulators deferred to their counterparts in Massachusetts, who ultimately reached an agreement with the pharmacy to settle concerns about the quality of its prescription injections.

The congressional report also shows that in 2003 the FDA considered the company a pharmacy. That's significant because in recent weeks public health officials have charged that NECC was operating more as a manufacturer than a pharmacy, shipping thousands of doses of drugs to all 50 states instead of small batches of drugs to individual patients. Manufacturers are regulated by the FDA and are subject to stricter quality standards than pharmacies.

The report offers the most detailed account yet of the numerous regulatory complaints against the pharmacy, which nearly date back to its founding in 1998. Less than a year later, the company was cited by the state pharmacy board for providing doctors with blank prescription pads with NECC's information. Such promotional items are illegal in Massachusetts and the pharmacy's owner and director, Barry Cadden, received an informal reprimand, according to documents summarized by the committee.

Cadden was subject to several other complaints involving unprofessional conduct in coming years, but first came to the FDA's attention in 2002. Here are some key events from the report highlighting the company's early troubles with state and federal authorities:

__ In March of 2002 the FDA began investigating reports that five patients had become dizzy and short of breath after receiving NECC's compounded betamethasone repository injection, a steroid used to treat joint pain and arthritis that's different from the one linked to the current meningitis outbreak.

FDA inspectors visited NECC on April 9 and said Cadden was initially cooperative in turning over records about production of the drug. But during a second day of inspections, Cadden told officials "that he was no longer willing to provide us with any additional records," according to an FDA report cited by congressional investigators. The inspectors ultimately issued a report citing NECC for poor sterility and record-keeping practices but said that "this FDA investigation could not proceed to any definitive resolution," because of "problems/barriers that were encountered throughout the inspection."

__ In October of 2002, the FDA received new reports that two patients at a Rochester, N.Y., hospital came down with symptoms of bacterial meningitis after receiving a different NECC injection. The steroid, methylprednisolone acetate, is the same injectable linked to the current outbreak and is typically is used to treat back pain. Both patients were treated with antibiotics and eventually recovered, according to FDA documents cited by the committee.

When officials from the FDA and Massachusetts Board of Pharmacy visited NECC later in the month, Cadden said vials of the steroid returned by the hospital had tested negative for bacterial contamination. But when FDA scientists tested samples of the drug collected in New York they found bacterial contamination in four out of 14 vials sampled. It is not entirely clear whether FDA tested the same lot shipped to the Rochester hospital.

__ At a February 2003 meeting between state and federal officials, FDA staff emphasized "the potential for serious public consequences if NECC's compounding practices, in particular those relating to sterile products, are not improved." The agency issued a list of problems uncovered in its inspection to NECC, including a failure to verify if sterile drugs met safety standards.

But the agency decided to let Massachusetts officials take the lead in regulating the company, since pharmacies are typically regulated at the state level. It was decided that "the state would be in a better position to gain compliance or take regulatory action against NECC as necessary," according to a summary of the meeting quoted by investigators.

The FDA recommended the state subject NECC to a consent agreement, which would require the company to pass certain quality tests to continue operating. But congressional investigators say Massachusetts Board of Pharmacy did not take any action until "well over a year later."

__ In October 2004, the board sent a proposed consent agreement to Cadden, which would have included a formal reprimand and a three-year probationary period for the company's registration. The case ended without disciplinary action in 2006, when NECC agreed to a less severe consent decree with the state.

Massachusetts officials indicated Tuesday they are still investigating why NECC escaped the more severe penalty.

"I will not be satisfied until we know the full story behind this decision," the state's interim health commissioner Lauren Smith said in a transcript of her prepared testimony released a day ahead of delivery. Smith is one of several witnesses scheduled to testify Wednesday, including FDA Commissioner Margaret Hamburg.

The committee will also hear from the widow of 78-year-old Eddie C. Lovelace, a longtime circuit court judge in southern Kentucky. Autopsy results confirmed Lovelace received fungus-contaminated steroid injections that led to his death Sept. 17.

Joyce Lovelace will urge lawmakers to work together on legislation to stop future outbreaks caused by compounded drugs, according to a draft of her testimony.

"We now know that New England Compounding Pharmacy, Inc. killed Eddie. I have lost my soulmate and life's partner with whom I worked side by side, day after day for more than fifty years," Lovelace states.

Barry Cadden is also scheduled to appear at the hearing, after lawmakers issued a subpoena to compel him to attend.

The NECC has been closed since early last month, and Massachusetts officials have taken steps to permanently revoke its license. The pharmacy has recalled all the products it makes, including 17,700 single-dose vials of a steroid that tested positive for the fungus tied to the outbreak.

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Who's who in the Petraeus scandal

What started out as a leisurely stroll through the Philadelphia Museum of Art on Nov. 11 with his girlfriend, quickly turned into quite a surreal experience for Max Galuppo, 20, of Bloomsbury, N.J. Galuppo, a Temple University student, found his doppelganger in a 16th century...

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Dalai Lama wants thorough probe into Tibet deaths

TOKYO (AP) — Lashing back at criticism from Beijing, the Dalai Lama on Tuesday said China needs to thoroughly investigate the causes of self-immolations by Tibetans and blamed "narrow-minded Communist officials" for seeing Buddhist culture as a threat.

The Dalai Lama also called on foreign media and members of Japan's parliament to visit Tibet — though such trips are severely restricted — to see that what is happening there does not go ignored.

"I always ask the Chinese government, please, now, thoroughly investigate," the Tibetan Buddhist leader said. "What is the cause of these sad things?"

The Dalai Lama was speaking to a group of Japanese lawmakers that included opposition party head Shinzo Abe, an outspoken China hawk seen by many as the top contender to become the country's next prime minister.

Chinese Foreign Ministry spokesman Hong Lei said Beijing has lodged a protest with Japan following the Dalai Lama's visit.

"China is opposed to any country or any individual providing a stage for his separatist moves," Hong said.

Eight self-immolations have been reported over six days in China's Tibetan region, including two on Monday. China has long accused the Dalai Lama and his supporters of inspiring and even glorifying such acts, though the Dalai Lama says he opposes all violence.

Hong had launched a new salvo at the Dalai Lama on Monday, claiming he was taking Japan's side in an ongoing territorial dispute and calling him a separatist who is aligning with Japanese right-wingers.

Chinese media said the Dalai Lama called the islands by their Japanese name during a news conference in Yokohama last Monday, but an Associated Press review of a tape of the event showed he referred to them only as "the islands."

Tibet support groups overseas say the increase in protests in recent days is meant to highlight Tibetan unhappiness with Chinese rule as the country's leaders hand over power to younger successors at a party congress in Beijing.

The Dalai Lama has said the self-immolations are a symptom of the desperation and frustration felt by Tibetans living under the Chinese government's hardline policies in the region, including tight restrictions on religious life.

The Dalai Lama fled to India following an abortive 1959 uprising against Chinese rule over Tibet. He denies seeking the region's independence, saying that he wishes Tibetans to enjoy real autonomy and protection of their traditional Buddhist culture.

In his remarks Tuesday, he said China's top leaders may not realize the severity of that frustration because "narrow-minded Communist officials" on the ground fear Tibetan Buddhist culture and may not be relaying the real situation to Beijing.

"These officials on the spot may not reply clearly to the higher authority," he said, suggesting that foreign media and lawmakers should go to Tibet to see the situation there and share it with the outside world.

Access to Tibet is controlled by regional security services and is permanently off limits to foreign journalists, except when the government grants special access. Such access has become increasingly rare in recent years as Beijing seeks to maintain tight control over the story and prevent detailed reporting on unrest.

Since anti-government riots in 2008, access even to traditionally Tibetan areas in provinces neighboring the Tibetan Autonomous Region has been tightly restricted. The vast majority of the self-immolations have taken place in such areas, often near large monastic communities, and authorities have responded with a smothering police presence.

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Associated Press writers Christopher Bodeen and Louise Watt in Beijing contributed to this report.

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'Skyfall' brings record Bond debut of $88.4M

LOS ANGELES (AP) — James Bond is cashing in at the box office.

"Skyfall," the 23rd film featuring the British super-spy, pulled in a franchise-record $88.4 million in its U.S. debut, bringing its worldwide total to more than $500 million since it began rolling out overseas in late October.

The top 20 movies at U.S. and Canadian theaters Friday through Sunday, followed by distribution studio, gross, number of theater locations, average receipts per location, total gross and number of weeks in release, as compiled Monday by Hollywood.com are:

1. "Skyfall," Sony, $88,364,714, 3,505 locations, $25,211 average, $90,564,714, one week.

2. "Wreck-It Ralph," Disney, $33,012,796, 3,752 locations, $8,799 average, $93,647,405, two weeks.

3. "Flight," Paramount, $14,785,097, 2,047 locations, $7,223 average, $47,455,396, two weeks.

4. "Argo," Warner Bros., $6,617,229, 2,763 locations, $2,395 average, $85,583,187, five weeks.

5. "Taken 2," Fox, $4,012,829, 2,487 locations, $1,614 average, $131,300,000, six weeks.

6. "Cloud Atlas," Warner Bros., $2,658,250, 2,023 locations, $1,314 average, $22,844,956, three weeks.

7. "The Man With the Iron Fists," Universal, $2,592,705, 1,872 locations, $1,385 average, $12,821,030, two weeks.

8. "Pitch Perfect," Universal, $2,573,350, 1,391 locations, $1,850 average, $59,099,993, seven weeks.

9. "Here Comes the Boom," Sony, $2,522,790, 2,044 locations, $1,234 average, $39,033,885, five weeks.

10. "Hotel Transylvania," Sony, $2,400,226, 2,566 locations, $935 average, $140,954,208, seven weeks.

11. "Paranormal Activity 4," Paramount, $1,980,033, 2,348 locations, $843 average, $52,600,612, four weeks.

12. "Sinister," Summit, $1,524,448, 1,554 locations, $981 average, $46,578,686, five weeks.

13. "Silent Hill: Revelation," Open Road Films, $1,300,137, 1,902 locations, $684 average, $16,383,406, three weeks.

14. "The Perks of Being a Wallflower," Summit, $1,132,924, 607 locations, $1,866 average, $14,614,770, eight weeks.

15. "Lincoln," Disney, $944,308, 11 locations, $85,846 average, $944,308, one week.

16. "Alex Cross," Summit, $911,973, 1,090 locations, $837 average, $24,603,042, four weeks.

17. "Fun Size," Paramount, $757,223, 1,301 locations, $582 average, $8,800,336, three weeks.

18. "Looper," Sony, $582,150, 491 locations, $1,186 average, $64,669,383, seven weeks.

19. "The Sessions," Fox, $545,550, 128 locations, $4,262 average, $1,655,222, four weeks.

20. "Seven Psychopaths," CBS Films, $404,812, 356 locations, $1,137 average, $14,098,469, five weeks.

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Universal and Focus are owned by NBC Universal, a unit of Comcast Corp.; Sony, Columbia, Sony Screen Gems and Sony Pictures Classics are units of Sony Corp.; Paramount is owned by Viacom Inc.; Disney, Pixar and Marvel are owned by The Walt Disney Co.; Miramax is owned by Filmyard Holdings LLC; 20th Century Fox and Fox Searchlight are owned by News Corp.; Warner Bros. and New Line are units of Time Warner Inc.; MGM is owned by a group of former creditors including Highland Capital, Anchorage Advisors and Carl Icahn; Lionsgate is owned by Lions Gate Entertainment Corp.; IFC is owned by AMC Networks Inc.; Rogue is owned by Relativity Media LLC.

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Online:

http://www.hollywood.com

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British medical journal slams Roche on Tamiflu

LONDON (AP) — A leading British medical journal is asking the drug maker Roche to release all its data on Tamiflu, claiming there is no evidence the drug can actually stop the flu.

The drug has been stockpiled by dozens of governments worldwide in case of a global flu outbreak and was widely used during the 2009 swine flu pandemic.

On Monday, one of the researchers linked to the BMJ journal called for European governments to sue Roche.

"I suggest we boycott Roche's products until they publish missing Tamiflu data," wrote Peter Gotzsche, leader of the Nordic Cochrane Centre in Copenhagen. He said governments should take legal action against Roche to get the money back that was "needlessly" spent on stockpiling Tamiflu.

Last year, Tamiflu was included in a list of "essential medicines" by the World Health Organization, a list that often prompts governments or donor agencies to buy the drug.

Tamiflu is used to treat both seasonal flu and new flu viruses like bird flu or swine flu. WHO spokesman Gregory Hartl said the agency had enough proof to warrant its use for unusual influenza viruses, like bird flu.

"We do have substantive evidence it can stop or hinder progression to severe disease like pneumonia," he said.

In the U.S., the Centers for Disease Control and Prevention recommends Tamiflu as one of two medications for treating regular flu. The other is GlaxoSmithKline's Relenza. The CDC says such antivirals can shorten the duration of symptoms and reduce the risk of complications and hospitalization.

In 2009, the BMJ and researchers at the Nordic Cochrane Centre asked Roche to make all its Tamiflu data available. At the time, Cochrane Centre scientists were commissioned by Britain to evaluate flu drugs. They found no proof that Tamiflu reduced the number of complications in people with influenza.

"Despite a public promise to release (internal company reports) for each (Tamiflu) trial...Roche has stonewalled," BMJ editor Fiona Godlee wrote in an editorial last month.

In a statement, Roche said it had complied with all legal requirements on publishing data and provided Gotzsche and his colleagues with 3,200 pages of information to answer their questions.

"Roche has made full clinical study data ... available to national health authorities according to their various requirements, so they can conduct their own analyses," the company said.

Roche says it doesn't usually release patient-level data available due to legal or confidentiality constraints. It said it did not provide the requested data to the scientists because they refused to sign a confidentiality agreement.

Roche is also being investigated by the European Medicines Agency for not properly reporting side effects, including possible deaths, for 19 drugs including Tamiflu that were used in about 80,000 patients in the U.S.

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Online:

www.bmj.com.tamiflu/

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Petraeus probe ensnares top U.S. commander in Afghanistan

PERTH, Australia (AP) — In a new twist to the Gen. David Petraeus sex scandal, the Pentagon said Tuesday that the top American commander in Afghanistan, Gen. John Allen, is under investigation for alleged "inappropriate communications" with a woman who is said to have received threatening emails from Paula Broadwell, the woman with whom Petraeus had an extramarital affair.

Defense Secretary Leon Panetta said in a written statement issued to reporters aboard his aircraft, en route from Honolulu to Perth, Australia, that the FBI referred the matter to the Pentagon on Sunday.

Panetta said that he ordered a Pentagon investigation of Allen on Monday.

A senior defense official traveling with Panetta said Allen's communications were with Jill Kelley, who has been described as an unpaid social liaison at MacDill Air Force Base, Fla., which is headquarters to the U.S. Central Command. She is not a U.S. government employee.

Kelley is said to have received threatening emails from Broadwell, who is Petraeus' biographer and who had an extramarital affair with Petraeus that reportedly began after he became CIA director in September 2011.

Petraeus resigned as CIA director on Friday.

Allen, a four-star Marine general, succeeded Petraeus as the top American commander in Afghanistan in July 2011.

The senior official, who discussed the matter only on condition of anonymity because it is under investigation, said Panetta believed it was prudent to launch a Pentagon investigation, although the official would not explain the nature of Allen's problematic communications.

The official said 20,000 to 30,000 pages of emails and other documents from Allen's communications with Kelley between 2010 and 2012 are under review. He would not say whether they involved sexual matters or whether they are thought to include unauthorized disclosures of classified information. He said he did not know whether Petraeus is mentioned in the emails.

"Gen. Allen disputes that he has engaged in any wrongdoing in this matter," the official said. He said Allen currently is in Washington.

Panetta said that while the matter is being investigated by the Defense Department Inspector General, Allen will remain in his post as commander of the International Security Assistance Force, based in Kabul. He praised Allen as having been instrumental in making progress in the war.

The FBI's decision to refer the Allen matter to the Pentagon rather than keep it itself, combined with Panetta's decision to allow Allen to continue as Afghanistan commander without a suspension, suggested strongly that officials viewed whatever happened as a possible infraction of military rules rather than a violation of federal criminal law.

Allen was Deputy Commander of Central Command, based in Tampa, prior to taking over in Afghanistan. He also is a veteran of the Iraq war.

In the meantime, Panetta said, Allen's nomination to be the next commander of U.S. European Command and the commander of NATO forces in Europe has been put on hold "until the relevant facts are determined." He had been expected to take that new post in early 2013, if confirmed by the Senate, as had been widely expected.

Panetta said President Barack Obama was consulted and agreed that Allen's nomination should be put on hold. Allen was to testify at his confirmation hearing before the Senate Armed Services Committee on Thursday. Panetta said he asked committee leaders to delay that hearing.

NATO officials had no comment about the delay in Allen's appointment.

"We have seen Secretary Panetta's statement," NATO spokeswoman Carmen Romero said in Brussels. "It is a U.S. investigation."

Panetta also said he wants the Senate Armed Services Committee to act promptly on Obama's nomination of Gen. Joseph Dunford to succeed Allen as commander in Afghanistan. That nomination was made several weeks ago. Dunford's hearing is also scheduled for Thursday.

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Associated Press writer Slobodan Lekic in Kabul, Afghanistan, contributed to this report.

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