FTC study taking aim at online marketing of booze

LOS ANGELES (Reuters) – The Federal Trade Commission (FTC) plans this summer to recommend ways that the alcoholic beverage industry can better protect underage viewers from seeing its advertisements online.

Distillers, brewers and wineries pour millions of dollars into brand promotion on Twitter, Facebook and other social media, and industry critics contend they are not doing enough to prevent young consumers from receiving these messages.

“We’re doing a deep dive on how they’re using the Internet and social media,” said Janet Evans, a lawyer with the FTC, which is conducting a year-long study due to be released by early summer. “We’re focusing on underage exposure.”

She would not elaborate on any potential recommendations that might come out of the study, which began in April 2012.

The FTC is reviewing data from 14 big producers, Evans said, including Beam Inc, the maker of Jim Beam, Diageo Plc, home to Johnnie Walker, and Constellation Brands Inc, which makes Robert Mondavi and Ravenswood wines.

The FTC report “is something we take seriously and place at high priority,” said Karena Breslin, director for digital marketing at Constellation.

The FTC has made two requests for information since the study began, she said.

The regulatory agency has not said it intends to impose restrictions on liquor company social media advertising but it can make recommendations to the industry.

The FTC is empowered to file suit to ensure consumers are protected from deceptive marketing practices, Evans said, but she stressed that studies of this nature are meant to promote better self-regulation, not provide a basis for a case.

Industry executives say alcohol makers and distributors voluntarily adhere to the same industry-set standard for marketing to underage viewers on social media sites that the industry set for its ads on TV and other media. That requires that at least 71.6 percent of an audience consists of adults 21 and older.

“No one in their right mind would want to advertise to people who can’t legally buy their product,” said Frank Coleman, senior vice president for Distilled Spirits Council of the United States (DISCUS), the trade group that sets the industry’s advertising codes.

Coleman also cited recent data showing the audiences for Facebook and Twitter are skewed heavily towards viewers who are above the legal drinking age.

“According to Nielsen’s latest data, the demographic audience for Facebook is 83.5 percent 21 years and older, and for Twitter it is 85 percent,” Coleman said.

In June 2011, DISCUS revised its code upwards to 71.6 percent from 70 percent, after the FTC recommended it review the standard to better reflect U.S. Census population data.

Industry critics, including David Jernigen, director of the Center on Alcohol Marketing and Youth at Johns Hopkins University, and Sarah Mart, research director of the advocacy group Alcohol Justice, contend the industry didn’t go far enough and should raise the standard further.

Jernigen said it needs to be at least 85 percent to effectively protect youth, so there would be no more than 15 percent exposure to the underage drinking population.

“The industry says its self-regulating but it’s ineffective and social media opens up a whole new set of problems because their ads are everywhere,” said Mart.

Coleman said the group now requires members to install age-checking tools via instant messaging as a gateway to Twitter feeds and other branded Web platforms that ask the user for a birth date before admitting them.

In the first nine months of 2012, beer, wine and spirits manufacturers spent an estimated $ 35 million for paid Web display advertising, but industry executives estimate many millions more were spent on website creation, video production for platforms like Google’s YouTube and social media marketing efforts.

“We’ve significantly adjusted more money to digital for online video, websites, Facebook and Twitter content,” said Kevin George, global chief marketing officer for Jim Beam, which spends 30 percent of its media spend for online outlets, up from 10 percent in 2008, he said.

Many companies are expanding their digital staff. Wine maker Constellation hired Breslin three years ago to initiate digital marketing and now has a team of five reporting to her.

Many alcoholic beverage companies flocked to Facebook because it requires users to post their birth dates when signing up.

Last year Twitter partnered with Buddy Media to offer a screening tool that sends a direct message to fans who click on an alcoholic brand. The message sends the fan a link to a site that asks for date of birth.

Salesforce.com bought Buddy Media last June, which is now folding the platform into its marketing cloud portfolio.

Health advocates and industry critics are crying foul. “Facebook and other interactive platforms are poorly monitored and not well age-protected,” said Jernigen of Johns Hopkins University. “Anyone can say they’re 21 and click yes.”

(Reporting by Susan Zeidler; Editing by Ron Grover, Alden Bentley and Phil Berlowitz)

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Mariska Hargitay Fashion Rewind

Despite her fourteen-year stint as tough-cop Olivia Benson on Law and Order: SVU, Mariska Hargitay is a surprisingly girly gal when it comes to her real-life red carpet style. 

Related: Mariska Hargitay's Heartbreaking Adoption Moment

Join us as we look back at Mariska's fashion evolution over the years!

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Lucky ‘7’ at 3 Hudson Blvd.

Lois Weiss

BETWEEN THE BRICKS

The skyline in the Hudson Yards area is taking shape — at least on paper.

Here’s the first look at a new rendering (see right) for developer Joseph Moinian’s 1.7 million-square-foot tower at 3 Hudson Boulevard, bounded by the new park, the Javits Center and West 34th and 35th streets.

Designed by Dan Kaplan of FXFOWLE, the roughly 1,000 foot-high tower will turn slightly to catch the sunshine as well as views of the Hudson River and public spaces within Hudson Yards.

As the Manhattan street grid is slightly off the true north-south axis, Kaplan said the tower will align to the street grid at the base, and then do the twist.

FXFOWLE

WOW! Far West makeover king at 3 Hudson Blvd.

“It has a subtle, elegant spin and only rotates the 22 degrees as you go up,” said Kaplan. “It’s enough to give it a distinctive form, but not so much that it contorts the building.”

While the eastern and western ends of the building will change as it rises, the long sides of the structure will stay consistent.

“So that is how we were able to marry floor efficiencies with the mechanics,” Kaplan said.

The twist is also “great for tuning the building to solar,” as a unique highlight of the project will be solar-paneled awnings, or “eyebrows,” that will shield the south-side occupants from the sun while generating electricity with photovoltaic cells.

“They are architectural projections, and the revisions to the zoning code anticipate these kinds of devices,” Kaplan explained. “You will start to see more of these.”

The building will also have several roof terraces and a rooftop deck shielded from the winds.

“He’s been a magician in making this design efficient and beautiful and LEED Platinum,” said Arthur Mirante, tri-state president of Avison Young, which is leading the tenant marketing for the Moinian Group.

Because the building features an entrance to the new No. 7 line inside and has the new Hudson Boulevard Park at its eastern foot, Mirante said he is pitching the best site in the “center” of the new West Side. Construction on bedrock can start in 2014, and the building will be ready in 2016 or 2017.

“It’s a great building,” said Moinian at last week’s Real Estate Board of New York banquet.

The base could be designed as either trading or retail, Mirante said, with residential added at the top of the tower should an anchor office tenant not object. Asking rents for the base will start in the $80s per foot and rise from there.

“The whole building could be office or mixed use,” said Mirante. “We really have a clean slate, which is really exciting and will allow us to go after the monster tenants.”

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Miami Dolphins slam Norman Braman, Marlins Park deal

The Miami Dolphins ramped up their public campaign for a tax-funded stadium renovation this week, buying full-page ads against their top critic and trying to distance the plan from the unpopular Marlins deal.

The team bought an ad in Tuesday’s Miami Herald and El Nuevo Herald knocking auto magnate Norman Braman’s criticism of the Sun Life Stadium deal, which would have Florida and Miami-Dade split the costs with owner Stephen Ross for a $400 million renovation. The Dolphins would pay at least $201 million, with taxpayers using state funds and a higher Miami-Dade hotel tax to pay $199 million.

In a fact sheet sent to media Tuesday morning, the Dolphins listed ways their deal differs from the 2009 Marlins deal. First: Ross, a billionaire real estate developer, would use private dollars to fund at least 51 percent of the Sun Life effort, compared to less than 25 percent from Marlins owner Jeff Loria. Second, Sun Life helps the economy more than the Marlins park does.

“Just because the Marlins did a bad deal doesn’t mean we should oppose a good deal where at least a majority of the cost is paid from private sources and more than 4,000 local jobs are created during construction alone,” the fact sheet states. And while the Dolphins’ Miami Gardens stadium has hosted two Super Bowls since 2007 and is in the running for the 2016 game, “Marlins Stadium does not generate the ability to attract world-class sports events -- other than a World Series from time to time depending on the success of the team.”

NFL teams play eight home games a year if they don’t make the playoffs, while baseball teams have 81.

Miami and Miami-Dade built the Marlins a $640 million stadium at the site of the Dolphins’ old home at the Orange Bowl in Little Havana. The Marlins contributed about $120 million and agreed to pay between $2.5 million and $4.9 million a year for 35 years to pay back $35 million of debt the county borrowed for the stadium. As a publicly owned stadium, the Marlins ballpark pays no property taxes. Most of the public money came from Miami-Dade hotel taxes, along with $50 million of debt tied to the county’s general fund.

Sun Life is privately owned and pays $3 million a year in property taxes to Miami-Dade. It currently receives $2 million a year from Florida’ s stadium program, a subsidy tied to converting the football venue to baseball in the 1990s when the Marlins played there. The Dolphins also paid for a second full-page ad with quotes from leading hoteliers in Miami-Dade endorsing the stadium plan. Among them: Donald Trump, whose company recently purchased the Doral golf resort. “Steve Ross’ commitment to modernize Sun Life Stadium -- while covering most of the construction costs -- is the right thing for Miami-Dade,’’ the ad quotes Trump as saying.

Also on Tuesday, Ross and team CEO Mike Dee sent a letter to Miami-Dade Mayor Carlos Gimenez and county commissioners requesting negotiations over the stadium deal. The letter said the deal Ross unveiled last week is a “baseline for debate” and asked for talks. The letter also urged the commission to adopt a resolution proposed by Commissioner Barbara Jordan endorsing the state bill that would allow taxes for Sun Life. The resolution is on the agenda for Wednesday’s commission meeting.

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Appeals court throws out Miami judge’s controversial fingerprint ruling

An appeals court has thrown out a Miami-Dade criminal court judge’s controversial ruling restricting long-accepted fingerprint evidence.

The Third District Court of Appeals this week ruled that Circuit Judge Milton Hirsch should have removed himself from the case before issuing his ruling.

The reason: Hirsch had earlier told two prosecutors that he would remove himself from similar cases because he harbored “preconceived opinions on the subject of fingerprints.”

In October, Hirsch ruled that a police fingerprint examiner could not testify that he identified a conclusive fingerprint “match” for Miami’s Radames Borrego, who is accused of two burglaries.

The judge’s ruling raised eyebrows among legal observers because U.S. courts have long allowed experts to testify to jurors that the accused person’s fingerprint is unique to him or her.

The appeals court did not rule specifically on Hirsch’s fingerprint order, but nevertheless threw it out, saying the judge should not have presided over the case. It is unclear whether Hirsch will be able to preside over future criminal court cases involving fingerprint evidence.

Hirsch, a former president of the Florida Association of Criminal Defense Lawyers and a law school professor who wrote a book on state criminal trial procedure, is well-known in South Florida’s legal community. He was elected in May 2010.

The judge — who often quotes Shakespeare in lengthy orders — often delves into polemic legal waters.

In 2010, when a Tampa federal judge ruled that Florida’s drug law was unconstitutional, Hirsch was the only local state judge to follow suit. He threw out more than two dozen cases, but the same Miami’s appeals court later reversed Hirsch.

Late last year, Hirsch from the bench criticized relatives of a murder victim after they criticized him in a Spanish-language television interview. After he declined to recuse himself from the case, the Third DCA booted him from the case.

Also last year, the same appeals court said Hirsch “did not have jurisdiction” when he filled in for a fellow judge, then reversed that judge’s decision to keep behind bars a man accused of violating a restraining order.

Hirsch will be ruling on a high-profile case next week.

Lawyers for Sergio Robaina, accused of voter fraud, have asked Hirsch to throw out two misdemeanors charged under a county ordinance prohibiting possession of more than two absentee ballots. The ordinance is unconstitutional, they claim.

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At Obama’s church service, hymns, prayers – and a tweet?

WASHINGTON (Reuters) – There was preaching, praying and singing at President Barack Obama’s church service on Inauguration Day on Monday. But was there tweeting, too?

As Atlanta pastor Andy Stanley wrapped up his sermon at St. John’s Episcopal Church across from the White House by urging Obama to leverage his power for the greater good, a tweet went out from the president’s own Twitter feed.

“I’m honored and grateful that we have a chance to finish what we started. Our work begins today. Let’s go. -bo,” said the tweet, which went to more than 26 million Obama followers.

Obama typically designates tweets that he writes himself by signing his initials in lowercase: “-bo.” That led to questions over whether the president had tweeted from church – and perhaps provided a new chapter in the debate over the appropriate use of social media.

But a White House spokesman said Obama did not send the tweet in the middle of the church service.

That means it could have been done by Obama in advance and timed for release while he was in church, or that it was posted by Organizing for Action, the non-profit group that now operates the president’s Twitter account.

The new group, which is led by Obama’s former campaign team, plans to try to build public support for the president’s policies.

The group did not immediately comment on the authorship or timing of the tweet.

Even if Obama had sent out the tweet from church, such messages from the pew are no longer taboo, said Scott Williams, a pastor and consultant from Edmond, Oklahoma, who works with ministries to use social media to spread the word and engage members.

“It’s definitely OK – it’s relevant,” he said. He cited a verse from the prophet Isaiah: “Like a crane or a swallow, so did I twitter.”

“‘Thou shalt twitter in church’ is a way that I present it,” Williams said in an interview, noting that many people now used Bible apps on their mobile devices in the pews.

Stanley’s North Point Community Church in Atlanta produced a Christmas music video for iPhones and iPads that has been viewed 3.7 million times on YouTube, said Williams, who is familiar with the 33,000-member ministry.

Stanley delivered his sermon in a very “old-school” setting. St. John’s, a yellow church with white trim, was built in 1816 and often is called the “Church of the Presidents” because every president since James Madison has attended it at least occasionally.

The service included a mix of traditional hymns such as “Oh God, Our Help in Ages Past,” a gospel solo by singer Ledisi, and an African-American spiritual, “Great Day.” It also included readings and prayers from Jewish, Christian and Catholic clergy.

Stanley talked about a passage in the Bible where Jesus washes his disciples’ feet, setting an example of equality.

“What do you do when it dawns on you that you’re the most powerful person in the room? You leverage that power for the benefit of other people in the room,” Stanley said.

“Mister President, you have an awfully big room,” the pastor said. “It’s as big as our nation. At times, as you know, it’s as big as this world.”

(Editing by David Lindsey and Peter Cooney)

Social Media News Headlines – Yahoo! News

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Selena Gomez NYC Annual Charity Concert 2013 UNICEF

For several years now, Selena Gomez has partnered with UNICEF, an international program that benefits children in developing countries, to put on a charity concert aimed at benefiting the program and kids around the world. In an interview with ET Canada, the pop star opened up about what made her feel so strongly about the organization and its cause.

"I absolutely admire the people that get up every day and devote their lives to helping kids," Selena said. "I think takes such strength for somebody to do that."

Selena, only 20-years-old herself, has a great deal of younger fans, and feels a special connection to doing what she can to help out.

"Kids are so honest, that's why.... Me just using my platform and my voice, doing shows like this for them--I want to do as much as I can."

The singer's annual concerts have so far raised a great deal of money for the UNICEF program, including over $200,000 at the second annual concert alone.

In addition to the UNICEF benefit, ET Canada asked Selena about her upcoming movie, Spring Breakers, and album, both expected to release this March.

On the Harmony Korine directed film, in which Selena co-stars alongside James Franco and Ashley Benson (Pretty Little Liars), the actress thinks that even the Skrillex music-infused trailer doesn't all the way capture the gritty nature of the story, which follows four college roommates through a Florida vacation turned crime spree.

"I still don't even think the trailer shows the full extent of Spring Breakers, but hopefully we'll get some good feedback."

See Also: Hollywood's Hottest Bikini Bods!

On the album, Selena kept the details sealed tight, and expressed an interest in working with friend and fellow musician Taylor Swift, but wouldn't confirm.

"I want to [work with Taylor]! We should, I have like a month left. She's actually recording too right now, so she's in Nashville, but hopefully."

See Also: Selena Gomez 'Having Fun' With Dating

At the benefit concert, Selena didn't unveil any new material, opting instead for covers, including the Justin Timberlake classic, Cry Me a River.

"I'm kind of keeping [the new music] under-wraps. I'm not really saying much...because I really want to surprise people.

See the video above for more of ET Canada's interview with Selena at the exclusive performance from her one-night-only UNICEF benefit Acoustic Charity Concert in NYC.

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Mickel$on tax: What the putt?

New tax laws have Phil Mickelson teed off.

The wealthy pro golfer — known as “Lefty” on the golf circuit — threatened to make some “drastic changes” because of federal and state tax hikes that are crimping his style.

“There are going to be some drastic changes for me because I happen to be in that zone that has been targeted both federally and by the state and, you know, it doesn’t work for me right now,” the San Diego native said at the conclusion of a tournament at La Quinta Country Club in La Quinta, Calif.

Mickelson, 42, alluded to the possibility that the 22nd -ranked golfer — who has a net worth of $180 million and earned roughly $47 million last year, according to Forbes — may leave California.

AP

Phil Mickelson

“So I’ve got to make some decisions on what I’m going to do,” said the four-time major golf championship winner to reporters Sunday.

“If you add up all the federal and you look at the disability and the unemployment and the Social Security and the state, my tax rate’s 62, 63 percent,” he noted.

Tax changes made to close the gap on a $700 million budget shortfall in California have irked wealthy residents, compelling more to mull leaving the state, said managing shareholder Betty Williams at Williams & Associates.

“Many [high earners] are stuck with a tax liability that they didn’t really help create,” Williams said. “Mickelson has to consider where he’s getting his value for his taxes.”

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Series for Miami’s emerging art collectors begins Thursday

For art enthusiasts interested in bring their interest home, Miami’s Bakehouse Art Complex is hosting a lecture series for emerging collectors. The first panel, slated for Thursday at 6 p.m., features arists and curators who will talk about fine tuning your taste and learning to make informed decisions. The second session, Feb. 7, is oriented to the mechanics of purchasing. The third, on Feb. 21, explores how to manage your collection.

Moderating all three panels will be Denise Gerson, independent curator who served as associate director for the Lowe Museum of Art for 24 years. Cost is $25 per session or $60 for the series. Seating is limited; reservations are recommended.

Information at 305-576-2828; www.bacfl.org.

Jane Wooldridge

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New Miami city clerk takes the dais

New Miami City Clerk Todd Hannon isn’t worried about maintaining order on the commission dais.

After all, he once helped enforce no-fly zones in Iraq.

Serving in the U.S. Navy prepared Hannon for City Hall in more ways than one. He learned to be disciplined, pay attention to detail and take ownership of his work, he said.

Hannon became Miami’s chief administrative officer last week. He replaced longtime clerk Priscilla A. Thompson, who retired in September after a 32-year career in City Hall.

Hannon, 41, isn’t your stereotypical military guy. He wears his long hair in a ponytail, carries a backpack to work, and surfs and snowboards in his spare time.

“It’s that West Coast mentality,” said Hannon, who lived in California before moving to Miami eight years ago. “I like to think you can be easy-going and still get things done.”

He has big plans for the office, including updating Miami’s electronic records systems and putting the historical archives online. He hopes the state will be willing to help out with the cost.

“We want to make it as easy as possible for the public to access our records,” he said. “We just have to do it smartly and make sure we get the best for our money.”

A native of northern Virginia, Hannon started at the naval training camp two weeks after graduating from high school. His reason for joining was simple: He wanted to see the world.

“I had never been out of the country before,” he said. “I was looking to do something adventurous.”

The Navy brought Hannon to Australia, Japan and Singapore. He specialized in “battlespace” management and over-the-horizon warfare. In 1992, he was stationed on the USS Ranger, an aircraft carrier that monitored Iranian air traffic in the Persian Gulf. He later helped protect humanitarian efforts in war-ravaged Somalia.

“It was a great education,” Hannon said. “Each decision I made had to be thought through thoroughly, and then communicated up the chain of command.”

When Hannon’s service ended, he enrolled in community college and then transferred to the University of California at Berkeley. After graduating with a degree in political science, he went worked for a state senator and ran political campaigns.

Hannon moved to South Florida in 2005, and was accepted into the University of Miami School of Law. But when he realized how much it would cost, he decided not to enroll. Instead, he took an entry-level job in the Miami city clerk’s office.

Thompson, the former clerk, said Hannon’s work ethic quickly distinguished him.

“I also noticed that he was very diplomatic,” Thompson said. “He was always able to rally the troops. That’s not something that you would normally find in someone as young as him.”

Hannon worked his way up, eventually becoming assistant city clerk in early 2011. He was responsible for overseeing records, legislation and more than 30 city boards, committees, trusts and agencies.

Last month, the City Commission voted 3-2 to make Hannon the next city clerk.

Commissioner Michelle Spence-Jones said she voted for Hannon because she admires his “spirited leadership.”

“He’s a humble guy, but he’s a very focused guy,” she said. “Priscilla taught him really well.”

Hannon is still negotiating his new salary, he said. It will be “nowhere near” Thompson’s salary of $192,270 a year, he noted. He made $69,471 a year plus benefits as assistant city clerk.

Hannon’s duties will include including maintaining the official record, helping the public access legislative documents, working with lobbyists and overseeing city elections. He will also serve as parliamentarian during City Commission meetings — a challenging task when meetings get chaotic.

Commissioner Francis Suarez, who also voted for Hannon, believes he will be a calming presence on the dais.

“He is extremely well-prepared,” Suarez said. “He always seems to be one step ahead of you, anticipating your question.”

Hannon has no concerns about taking the hot seat.

“I’ve been on the dais for years,” he said. “This time, I’ll be the steward of the ship.”

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