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Backpack Vacuums
Did you know that using backpack vacuums results in less body stress than with uprights? They are also known to be more efficient than uprights. Since these vacuums have been created with the comfort factor of those using them in mind, they are a clear choice for extended cleaning especially in commercial settings. You can bid goodbye to the motions of awkward drags and lugging a vacuum cleaner up and down. Proteam, Sanitaire, Hoover, Perfect are some of the brands that you can choose for commercial backpack vacuums as they offer flexibility, efficiency, state-of-the-art technology. You'll be amazed with the deeper and higher reach of these mena machines which are lightweight. Some of them are even equipped with 4 stage advanced filtration system and deluxe attachments. You can tackle allergens effectively with HEPA filtration technology equipped in your backpack, and clean the edges and corners without much effort as you tote your powerful backpack vacuum.
Cleaning your home or office with a backpack vacuum cleaner is hardly a chore. And it's comfortable as the heavy duty shoulder pads take care of your shoulder as you carry it on your back. Also, it's not just commercial spaces that can take advantage of the cleaning convenience of these backpack vacuums. Busy moms with overactive children can save a lot of time with these vacuums. If you are convinced about the usage and benefits of these vacuums, don't waste any more time. Buy a backpack vacuum at GoVacuum and enjoy great savings. Spend less, shop more, you can even choose from a range of replacement parts for your existing backpack.
Tornado Pac-Vac PV6 Commercial Backpack Vacuum Cleanerthe Tornado Pac-Vac PV6 Backpack vacuum cleaner is one of the best priced commercial backpack vacuums. Works great with most Commercial Jobs. Learn More
Hoover CH85000 Ground Command 10 Quart Backpack Vacuum.Hoover CH85000 Ground Command Commercial Lightweight BackPack Vacuum Cleaner 10 Quart, 1.5HP , 120 CFM, 6 Tools Learn More
ProTeam ProVac Commercial Backpack Vacuum Cleaner with Restaurant KitThe ProTeam ProVac Commercial Backpack Vacuum Cleaner with Restaurant Kit is the perfect BackPack to use in the Food and Hospitality Industry. With its nearly indestructible design and superior filtration, you can tackle any job!!! Learn More
Pro-Team HEPA LineVacer Backpack VacuumPro-Team HEPA LineVacer Backpack Vacuum comes with adjustable padded shoulder straps, hip belt and an exclusive backplate adjust to fit any person.This vacuum cleaner is just ideal for medical facilities, clean rooms, computer labs and highly sensitive areas. Learn More
Pro-Team MegaVac Backpack VacuumPro-Team MegaVac Backpack Vacuum Learn More
Carpet Pro Scbp-1 Backpack Vacuum Cleaner By Smart ChoiceCarpet Pro Carpet Pro SCBP1 Backpack, is a high quality Carpet Pro Vacuum Cleaners from the Ace Vacuums. Carpet Pro Vacuum Cleaners store in Fairfax Va, Vienna Va, Leesburg Va, Gainesville Va, Carpet Pro SCBP1 Backpack provided in all color and sizes. Car Learn More
Dust Care Dustcare Backpack Vacuum CleanerWorks with: Dust Care 14-4220-01 Learn More
ProTeam 100277 LineVacer HEPA ULPA Commercial Backpack Vacuum Cleaner, with 10 Quart Bag.This is the ProTeam 100277 LineVacer HEPA ULPA Commercial Backpack Vacuum Cleaner, with attachment kit 100163. When clean air in a controlled environment is critical, the LineVacer offers benefits never found before in the cleaning industry. Our industrial HEPA/ULPA vacuum is ideal for applications when clean air in a controlled environment is critical such as cleaning medical facilities, clean rooms and computer labs, and meets the EPA's definition of a HEPA Vacuum under the Lead Safety Renovation, Repair and Painting Rule (EPA RRP Rule). True HEPA/ULPA Filtration® HEPA: 99.97% at 0.3 microns at 2283 sq. in. filtration area ULPA: 99.999+% at 0.12 microns at 3232 sq. in. filtration area. Learn More
ProTeam ProVac Backpack Vacuum Cleaner PV-103244 Backpack Vacuum CleanerTHIS VACUUM COMES WITH A COMMERCIAL STYLE ATTACHMENTS KIT Everest: The name says it all - power, strength and rugged durability. It's the most powerful and highest-capacity backpack vacuum made by ProTeam. ProTeam Vacuums are equipped with a unique Four-Level Filtration system that captures tiny dust mites, bacteria and floating particles - particles that create unhealthy air. Most powerful backpack vacuum in the ProTeam Line Weighs only 12 pounds Powerful 1340 Motor Super Long 50 Ft. Cord 9.6 Amps 150 CFM Airflow Static Lift: 100" Decibels: 69 dB Dirt Capacity - 10 Quarts 450 Square Inch Micro Filteration Area Micro Filter Media: 580 Sq. In. Dimensions: 10 1/2" W x 7 1/2" D x 25 1/2" H Two Aluinum Wand With Buton Lock - 56" Dust Brush - 3" Upholstery Tool - 5" Crevice Tool - 11" Hard Floor Tool With Nylon Brush - 14" Uses Intercept Micro Filter Bags for Everest and Hammer XL 1 year on parts, labor & motor PV-103244 Learn More
ProTeam AviationVac Backpack PV-106542 ProTeam AviationVac BackpackWorks With: ProTeam PV-106542 Description:Designed exclusively for the airline industry, the AviationVac vacuum cleaner utilizes the same 400 Hz power system used on airplanes without the need for bulky adaptors. The lightweight wand and ergonomic backplate provides a highly efficient tool for cleaning beneath seats, upholstery, or other hard-to-reach areas. AviationVac Specs, Motor: 909 watt/8.1 amp, Airflow: 95 CFM, Static Lift: 91, Weight: 10 lbs., Sound Level: 68 dB, Intercept Micro Filter media: 496 sq. in., Four Level Filtration: 791 sq. in. total area, Includes: 11/2 static dissipating vacuum hose, a 50 extension cord and two replacement, Intercept Micro Filters. PV-106542 Learn More


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Natalie Maines Back With New Music For Her Debut Solo Album MOTHER
NEW YORK, Feb. 8, 2013 /PRNewswire/ -- Fans have been waiting patiently for new music from the always provocative, multi-platinum, Grammy-Award winning, Natalie Maines. And now, after much anticipation, Natalie Maines of The Dixie Chicks, confirmed today that she will release her debut solo album, MOTHER , on Columbia Records on Tuesday, May 7, 2013.
(Photo: http://photos.prnewswire.com/prnh/20130208/NY56886)
On MOTHER , people will hear a new direction from the singer. Heavily influenced by the more rock-based, edgy and intense sound of title track, and Pink Floyd cover, "Mother," Maines teamed up with friend and Grammy-winning singer, songwriter, and guitar wizard Ben Harper, who co-produced the record with Maines. The album was recorded in Harper's studio.
"I wanted this music to be very different from the Dixie Chicks," she says. "Lots of albums by lead singers might just as well have been made by the band, but I think this is very different from anything the Chicks could make. That separation and distinction was important."As a member of the Dixie Chicks—the best-selling female group of all time—she has sold over 30 million albums and won 13 Grammy awards. But the ten songs on MOTHER reveal different sides of one of the most acclaimed voices of our time. One of the initial songs they tackled was the soaring, tortured ballad from Pink Floyd's The Wall that ultimately gave this album its title. The result is a cover, which NPR's Ann Powers has described as "a tender acknowledgment of how fear can entrap all of us, even when we want to do nothing but love." "Mother" was initially released on West of Memphis: Voices for Justice, the soundtrack to the documentary West of Memphis, a film which chronicles the story of the three wrongly-imprisoned Arkansas teenagers known as the West Memphis Three whose cause Maines has tirelessly championed in recent years. The song "Free Life" is also included on the album because of its connection to the case. Natalie performed it at a rally when the young men were still in prison, and it became a favorite of the wife of Damien Echols, one of the WM3. "Free Life" was written by Dixie Chicks collaborator and Grammy-Award winner, Dan Wilson. As different as this new music is from her Dixie Chicks roots, the songwriting credits on "Come Cryin' to Me" reveal that even her fellow Dixie Chicks Martie Maguire and Emily Robison still kept a hand in the new project. "That was a song we decided was too rock for Taking the Long Way," Maines explains, "but it really felt right to have a piece of them on here." All of the album's 10 songs were selected because of personal connections to Natalie. Jeff Buckley's "Lover You Should Have Come Over" was a reminder for Maines of the early days in relationship with her husband, actor Adrian Pasdar. She discovered "Without You" on her friend Eddie Vedder's ukulele album, and heard a groove that she thought might fit. What started out as a fun session with friend Ben Harper, quickly developed into the solo debut from one of our generation's most coveted voices. And while this does not mean the end for The Dixie Chicks (the group has some Canadian dates booked this summer), Natalie Maines is committed to MOTHER , and excited to share it with her fans. "I want to put all my efforts toward this album. I feel completely dedicated to it, and I want to give it everything I can." More Information at www.nataliemainesmusic.com Mother Pre-order: http://smarturl.it/mother MOTHER Track Listing:
- Without You
- Mother
- Free Life
- Silver Bell
- Lover You Should've Come Over
- Vein in Vain
- Trained
- Come Cryin' To Me
- I'd Run Away
- Take It On Faith
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No Description
|Nikon D2X Check out Nikon Nation!
|Sigma 105/2.8 Macro
|Spring Time
|27 Mar 2006 - 5:26 AM
|VS Mode Rating
101 (100% won)
These stats show the percentage of wins and the rating score that your photo has achieved. You can go to the VS Mode by clicking on this icon.
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Its a lovely shot, but I'm not sure the frame does it justice, all the same nice work.
Nominating Constructive Critique
Nice rich colours on this one. You have lots of interesting shots in your portfolio. I'll have a browse later...
Nominating Constructive Critique
Lovely macro shot the colours are amazing.
Nominating Constructive Critique
Beautiful Shot....well Done
Nominating Constructive Critique
Fantastic colours in this great shot
Well captured
Miriam xx
Nominating Constructive Critique
Nominating Constructive Critique
I love the colour and the detail in the petals and stamens is great,
Nominating Constructive Critique
really nice cheerful image.
Nominating Constructive Critique
Cheeky monkey pinching one of my shots Topsy xx
Nominating Constructive Critique
hi, another great shot.
thanks 4 the comments and in reply to your question on the smoke pic...
you need an insence stick burning to produce the smoke,
you need a black non reflective background (I use a black top)
focus on the smoke and simply use a flash and this captures the smoke... same sorta thing with fog with full beem lights in the car.
once you have captured the image you need to put it into photoshop and then I usualy change the levels getting higher contrast. the colourize the smoke.
works quite nicely inverting the image to, with coloured smoke on a white background.
once you have the basics you can start playing around with different ideas... coloured smoke, different flash, close up, further away..etc..
if you need any more help drop me an email.
Nominating Constructive Critique
brilliant, vibrant, eyecatching and well composed image but personally I don't think this frame does anything for it
- click
Nominating Constructive Critique
Nominating Constructive Critique
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text:
No Federico Fellini, But Coppola's Close Enough
There were a few clouds, but the third day of the Cannes Film Festival was nonetheless bright and lovely. I spent it in a darkened theater watching foreign movies: Andrea Arnold's Fish Tank, about a disaffected teen dancer; Hirokazu Kore-eda's Air Doll, about a blow-up doll come to life; Park Chan-Wook's Thirst, about a vampire priest; and Bahman Ghobadi's No One Knows About Persian Cats, about Iran's underground indie-rock scene. All of them were good—I counted six boobs and eleven deaths—but all were sort of downers too. (More on all the films later.) Afterwards, I felt I owed myself a night on the town. I was picturing something out of La Dolce Vita, something dreamlike and filmic and drifting.
It started off promising. Ambling down the Croisette just past midnight, I passed an enormous movie screen, planted right on the beach, with yacht-lights twinkling in background, showing Lawrence of Arabia. In a town supposedly brimming with cinephiles, there were only about 12 people watching. I guess the Croisette crowd changes after the screenings end.I watched for about 15 minutes, but with a drizzle coming in, I set off to find a party. I found one on a yacht moored right across from the Palais des Festivals. I didn't know who was throwing it, but there was a jazz band on deck, which seemed sufficiently Fellini-esque to me. But drinking on a docked yacht is very much like drinking on land, and it doesn't protect you from rain.
I sought shelter right around the corner at Nikki Club, where R&B crooner Ne-Yo was slotted to perform. (Nikki Club and and its oceanfront counterpart, Nikki Beach, have evolved in the last decade to become two of the sexiest nightspots on the Riviera, and are now developing a clothing line, Endless Summers! Anyway, enough with the parenthetical plugs.) Shouting through the deafening Euro-thumping, a club bunny told me that Elijah Wood had just played a solo set on the drums. That could have been something to write about, I thought. When Ne-Yo took the floor, the bunny came back and shouted, "Look, there he is again, Elijah Wood!"
"Playing the drums!"
I squinted to get a better look. "That's a black man," I said.
"Huh? Oh, yeah, sorry, I meant Elijah Kelley, from Hairspray!"
Which was cool. But I was still yearning for movie magic, and I don't think Marcello Mastroianni would have been caught dead there. So I left in the early morning hours, and exited the club to a downpour.
Walking through the rain around 3 a.m., I didn't see a soul until I passed the Carlton. There, jay-walking across the Croisette, was Francis Ford Coppola. Here it was, on a platter, my Dolce Vita moment. I could see it framed—and I imagine he could see it framed too, only better. But with the Godfather of cinema standing before me, I drew a blank, and could only muster the greatest of platitudes. "How did it go?," I asked, referring to the screening of his latest film, Tetro, which everyone seems to agree is rapturously beautiful.
"Good," said Coppola.
"Standing ovation?," I asked.
And he disappeared, through the giant G.I. Joe arcade, into the Carlton hotel. All in all, a good night. I just hope it had as big an effect on Francis.


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PINEHURST Thirty-five is enough for Juli Inkster.
The oldest and most experienced player at the U.S. Women's Open said Wednesday she expected this to be her last appearance at the tournament as she transitions into a television career.
"Shoot, I've played in 35 of these," said Inkster, a two-time Women's Open champion who will turn 54 next week. "So that's pretty impressive. I love where I am right now. I look at the young girls out there and I'm like, 'Wow, I'm so glad I'm not starting.' I've really enjoyed golf. I've really enjoyed the competition. I love playing. But I've got a lot of new stuff."
No one has played in more Women's Opens than Inkster, starting with her first as an amateur in 1978, when she was so awestruck she stole golf balls from the practice range. She went on to win in 1999 and 2002, her 16-under score in the former still a Women's Open record, and her playoff loss to Patty Sheehan in 1992 still rankles.
In a week when the focus is unavoidably on an 11-year-old, amateur qualifier Lucy Li, Inkster stands out for her longevity – and now, for her departure.
"I hate to hear her say that," Paula Creamer said. "It just kills me, but I understand, too. Juli's my role model. ... It just shows you how you can balance your personal life, being a mother, being a wife, and being a top competitor, all at the same time. But there's a reason why there's only one Juli Inkster, too. Because that's just a lot to have on your plate and she does it with such ease."
Inkster's last top-10 in a major came in 2006, the same year as the last of her 31 LPGA wins. Her kids are grown, many of her peers retired. Inkster is one of the last of the previous generation, and knows it's time to step aside and let this generation take over.
"I grew up playing against all my college buddies with the camaraderie we had, the bantering that we had, and I think it's just different out here (now)," Inkster said. "Not that it's good or bad, but it's more of a job. And this is no lie, in the '80s, on a Monday, you could blow a bomb off and no one was here. Now everybody's here on Sunday night and everybody is playing, practicing on Monday, and it's a grind."
Inkster will play with Cheyenne Woods, Tiger's niece, and Natalie Gulbis in one of the marquee pairings of the opening two rounds.
She said she'll continue to play a handful of tournaments this year and next, but her focus will shift to her new job with the Golf Channel. She'll also serve as captain of the United States team in the 2015 Solheim Cup, the women's version of the Ryder Cup, to be played in Germany.
Earlier this year, she served as a TV analyst for two tournaments she would normally have played in the past, and was surprised that she didn't miss being on the course. She didn't hold much back in her press conference Wednesday, which bodes well for her television career.
"I'm kind of learning on the fly," Inkster said. "I haven't dropped any F-bombs. I haven't gone viral. So I feel like I've done pretty good for two weeks."
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Stock up.
Freshen up your collection of wardrobe basics with the Billabong Women's Essential V-Neck Tank Top. This building-block piece, which you can wear alone or layer under a blouse, hoody, or even another tank, features a deep, daring neckline, a racerback cut, and an up-to-date hip-length hem.
Share your thoughts
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Billabong Essential V-Neck Tank Top - Women's
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Jenny Mitton
Perfect Tank
This tank is perfect. It's the perfect fit, not too tight, not too loose. It's the perfect length, a little longer, which I like. It also has the perfect v-neck, not too deep, but deep enough. I would size down with this one as it seems to run just a tad big. This is one of my perfect tanks--looks great with jeans, shorts, AND skirts.


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Attridge, Geoffrey G. and Pointer, Michael R. and Jacobson, Ralph E. (2001) Application of a colour reproduction index to digital camera characterization. Imaging Science Journal, 49 . pp. 91-100. ISSN 1368-2199
Full text not available from this repository.
|Item Type:
|Research Community:
|University of Westminster > Electronics and Computer Science, School of
|ID Code:
|Deposited On:
|19 Jun 2006
|Last Modified:
|07 Jun 2010 14:38
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Oct. 3 (Bloomberg) -- Egypt's benchmark EGX 30 Index tumbled 2.8 percent to 4,076.92 at the 2:30 p.m. close in Cairo, the lowest level since March 2009.
The following shares rose or fell. Symbols are in parentheses.
Maridive & Oil Services SAE (MOIL EY), a Cairo-based provider of marine and oil support-services, lost 2.1 percent, the biggest drop since Sept. 28, to $1.88. Crude for November delivery declined as much as 3 percent to $76.85 a barrel today after closing at a one-year low last week.
Talaat Moustafa Group Holding (TMGH EY), Egypt's biggest publicly traded real-estate developer, fell for the first time in three days, retreating 0.8 percent to 3.75 Egyptian pounds. A Cairo court is scheduled to rule tomorrow on whether the company will keep its biggest land asset, a 33 million-square-meter land plot on the outskirts of Cairo.
--Editors: Shanthy Nambiar, Peter Branton
To contact the reporter on this story: Ahmed A Namatalla in Cairo at email@example.com
To contact the editor responsible for this story: Claudia Maedler at firstname.lastname@example.com


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Welcome! You are browsing as a guestWould you like to see projects made from this pattern and much more? join Ravelry now What am I missing?
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Tweety Bird Hat
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Los Angeles, California
In his new movie, "Canvas," Mr. Greco harkens back to his own childhood when his mother was diagnosed with schizophrenia. The film tells the story of a family stretched by the challenges of mental illness. While the mother battles schizophrenia, the father struggles to find the proper care and treatment for her and does his best to hold the family together. Eventually, the father's attention turns to building a sailboat -- a process that transports him to an earlier, more carefree time in his life. In working with his son to build the boat, the father is able to impart an understanding and acceptance of the family's current challenges, while also providing his son with hope for the future.
Public Eye
Pete Earley, author of Crazy: A Father's Search Through America's Mental
Health Madness
Fairfax, Virginia
A veteran journalist, Pete Earley provides an honest account and rational investigation of the vast issues facing our nation's mental health system in his book, Crazy. When his son is diagnosed with bipolar disorder, Mr. Earley is pulled into the frustrating vortex that many parents face when searching for the proper care and services to help their child. On his journey he explores the role of jails and prisons in warehousing the mentally ill, and he interviews police, correctional officers, public defenders, judges, mental health professionals, families and policymakers.
About Eli Lilly and Company
Lilly, a leading innovation-driven corporation is developing a growing
portfolio of first-in-class and best-in-class pharmaceutical products by
applying the latest research from its own worldwide laboratories and from
collaborations with eminent scientific organizations. Headquartered in
Indianapolis, Ind., Lilly provides answers -- through medicines and
information -- for some of the world's most urgent medical needs.
Additional information about Lilly is available at
|SOURCE Eli Lilly and Company
Copyright©2007 PR Newswire.
All rights reserved


text:
Getting Pregnant
Labor and Delivery
Baby and Beyond
I had my anatomy scan yesterday!
IMG_3245 by Stephanie.Miller, on Flickr
And we will be adding another little boy to the crew!
Aw, you will have THE cutest trio of little boys! That's awesome, congratulations!
Married Anthony April 2, 2005
Nora born Feb. 14th, 2007
Micah born Jan. 20, 2009
We told the boys about it, and Carson is so in love with the baby already. He will just look at me and give me a great big smile. He started being incredibly gentle with me, and giving the baby lots of hugs. He felt the baby move this morning, and is convinced that him giving hugs is what makes him start moving. He's been asking lots of questions, and I've even got the big one: "How is the baby going to get out of your tummy?" Such a hard one to answer!!
Jackson is excited too, but just wants the baby out NOW! He keeps asking when we're going to the hospital
Here is the announcement I made up to send out to our parents. It was done real quickly in my garage because it was HOT! I was sweating up a storm trying to get these images.
Congrats Steph! You look amazing! As for the question I go with C-section all day when my kids ask lol
Congratulations! Wow on having 3 boys!
As for the question, I have always been honest with my Eva about life questions like that (softening it in a way that is appropriate). I don't agree with lying or making up stuff, or being embarrassed, there's no reason to....anyway, what a neat little announcement too! (watch there is a smudge on your side between your arm & side)
Oh, this wasn't perfect by any means, and just went out to our parents
I think it's harder to tell a little boy (who doesn't have a sister) about how a baby comes out of a woman than it would be a girl who has all the parts. Especially a 5 year old. I just told him that I would go to the hospital and he would come out when it's time, and left it at that for the time being.
Congratulations Steph! I remember telling my son a watered down version of the truth. He immediately jumped to 'does that mean i came out there too' then hid under the doonas giggling and saying no, no yuck. He was only about 3 so I hadn't expected him to connect the dots so quickly.
Last edited by Amy_&_Eva; 06-12-2013 at 01:01 PM.
Congrats on having another boy!
-El mommy to B & A
Just chug-chug-chugging along.


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Swirl Collection
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Available to buy online today, our swirl 3 light fitting features a chrome finish with glass light shades to make a stunning centrepiece in any room. Striking lighting to transform your home Our elegant swirl ceiling fixture features a gorgeous design of tulip shaped glass light shades encircling a shiny metallic centre to give your home superbly stylish lighting. Eye catching and ornate, this lovely lighting is a great option for creating a sophisticated look in your modern kitchen or bathroom. Also perfect for any other room, our fabulous light fitting is easy to clean and can be matched to the wall light and table lamp for a complete contemporary look. Please note that bulbs are not included with this light feature.Please note: This product is subject to stock availability.
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(7 of 7 customers found this review helpful)
Quality product
By calamity jane
from lincolnshire
About Me Midrange Shopper
Really good quality, easy to fit and looks brilliant.Extremely pleased.
Service and delivery comments:
Delivery prompt and the lights were packaged so well and carefully you would have been very unlucky for them to be damaged.
Bottom Line Yes, I would recommend this to a friend
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(4 of 4 customers found this review helpful)
By rayber
from Lincolnshire
It is in my lounge (together with the standard lamp and wall lights of same design. The biggest plus besides its stunning good looks is that it is almost flush-fitting to the ceiling as we have low ceilings in our house. I am delighted with all the lights in this design.
(5 of 5 customers found this review helpful)
By Freddy
from Northants
About Me High-End Shopper
We have two of these in a large lounge diner, absolutely perfect & they don't hang down too low either
swirl 3 light ceiling fitting
By rose cups
from huntingdon
the light is lovely to look at and also it brightens up any room at night times.
light fantastic
By light fantastic
from cumbria
gives off excellent light


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Reserve your seat NOW – and get your free AWESOME products! You can now reserve your seat for our EXCLUSIVE insider, up and coming jam packed value driven webinar (full of the latest and best SEO techniques) – Whoooooo This is gonna be smoking hot! What we have for you on September 10th will blow your mind, that's for sure. And just for attending – you get $200 worth of brand new exclusive products made … Continue reading
Category Archives: Affiliate Marketing
Can you relate to this story from my HWA subscriber?
Can you relate to this story from my HWA subscriber? "Hey John I've followed your programs for a long time. I've been so caught up in the corporate world for 19 years now and I have been suffering from a debilitating illness (major depressive disorder) since a collapse in 2005. I've been pushing and pushing, on that damn hamster wheel whilst battling this illness. Well on Wednesday (09/04/2014) I was forcibly removed from my occupation … Continue reading
Your Guide to ($1000 + A Month) Affiliate Campaigns in 2014
So today's post is about how I'm making $1000 + a month per unique campaign – promoting in demand health related products. (Click Image For Full View) I'm working a little differently to how I was in 2013. As you know, the game is always changing and so I change with it. So should you. The screen shot above is from my latest campaign. I've only launched 3 campaigns this year, one for a client … Continue reading
The Super Affiliate Marketing Rolodex for 2014 and Beyond…
I love goodies. There are a bunch of them you can find online. Use these resources to help run your Internet business with ease and for a BIG profit. The problem is that most of these items are garbage. For example, it may sound too good to be true to hear something like: you don't have to pay for autoresponder accounts with a professional 3-rd party service like AWeber or GetResponse, just install a free … Continue reading
3 Simple Ways to Triple Your Affiliate Earnings, Almost Instantly
Affiliate marketing is a tricky game… If you don't know what you're doing it can get you in to a lot of trouble, without your knowledge or even consent at times. Some marketers are using the same old tricks, just as they did when they first started online. Things change fast with the Internet. You either adapt or die! Today, I'll cover conversion boosters and some simple ways to make more money online with associate … Continue reading
Know Your Competition… To Blow Them Away!
Ok guys, So today, I go over analysing your competition and how to play the affiliate marketing game without a blindfold on. This is one of many videos that are going up inside my flagship affiliate service, however – I am making some of the videos available to my free HWA subscribers as well this year. My plan is to reach out and help more people who are interested on getting on to the right … Continue reading
SELF DISCPLINE – Discover How To make extra money working from home…
Can you make money working from home? Of course, I'm living proof!. As are many others… However, many people will try and sell you on how easy it is to make thousands of dollars online. We've all read all the stories before. From zero to hero… From rags to riches… "How I made $30,000 in ten days" and on it goes… The truth is, it takes a certain breed of person to earn good consistent … Continue reading
Buying Intent Keyword trends for Niche Site Formula Students…
Hey guys, As promised – here is the follow up post to keyword group trends that I promised. I decided to make this post a video post because there was some important information I wanted to discuss with you all. Check out the video below: If you haven't got a hold of keyword canine yet, it's the ONLY keyword tool I use every single day for my own affiliate marketing business. You can get a … Continue reading
So you want to be an affiliate do YA? Perhaps an affiliate promoting Health products… Well here's the good the bad and the UGLY…
So I get these type of questions almost every other day… I'm interested in being your student, John. Or, I'm interested in affiliate marketing John, BUT – how long will it take to make money. How long will it take me to make money? When can I see a ROI if I invest in one of your services and so on… NOTE – Before I go on with the article after these questions, please know that … Continue reading
How to cash in on ANY holiday season each and every time!
Let's face it, more than half the planet is out spending money at Christmas… How about you? Unfortunately, many families will get in to unnecessary debt to buy their children high cost gifts. Many of us will stretch further than our means. It happens year after year for many, a cycle that's hard to get out of. I'm not going to start preaching about spending too much money on gifts for others, especially when I'm … Continue reading


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Marks of Martians?
December 18, 2014|
NASA's Curiosity rover finds chemical signatures that point to the possibility of life on Mars.
December 18, 2014|
NASA's Curiosity rover finds chemical signatures that point to the possibility of life on Mars.
December 18, 2014|
Can mechanical forces alone be manipulated to create stem-like cells?
December 17, 2014|
Australian researcher Donald Metcalf, whose discoveries transformed cancer treatment, has passed away at age 85.
December 15, 2014|
The National Institutes of Health shutters its initiative to track the health of 100,000 children through adulthood.
December 11, 2014|
Propolis, a natural product used by honeybees to repair their hives, stimulates hair growth in shaved mice.
December 3, 2014|
Researchers create synthetic enzymes in the lab, encoded by artificial genetic material.
December 1, 2014|
A spring cleaning led to the rediscovery of Theodor Boveri's microscope slides, presumed lost during World War II.
December 1, 2014|
Scientists make hydrogel coats for individual cells that can be tailored to specific research questions.
November 25, 2014|
Researchers have nailed down yet another component of the mechanotransduction complex responsible for relaying signals from hair cells in the ear.
November 24, 2014|
Researchers sequence a rare species of parasitic worm pulled from a patient's cerebrum, where it was causing seizures, headaches, and flashbacks.


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Of course, for all this boasting about his riches, it doesn't look like much cash was poured into the "High Life" video. Mostly we get shots of B.o.B bathing in a pool with local girls, eating food and, dare we say it, coming across like he's putting the "high" in high life.
We'll take a stab in the dark and guess that this one won't get the Grammy nominations that "Airplanes" and "Nothin' On You" did.
[Via Rap Radar]


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Wednesday, November 5, 2014
Expensive Wine
According to this story from NJ.com, a customer in an Atlantic City restaurant bought a bottle of wine with dinner. The server showed him a wine list and suggested a wine. When he asked how much the wine cost, she said, "Thirty-Seven Fifty," which he understood to mean $37.50. She meant $3,750, and the wine list so indicated, but the customer did not have his reading glasses with him. It's an interesting fact pattern.
Fortunately, an episode of The Simpsons provides best practices in this area, as animated television sit-coms do in most areas. In episode 8F09, Burns Verkaufen der Kraftwerk, Homer's stock in the Springfield nuclear plant went up for the first time in ten years. He sells and makes a cool $25. Soon thereafter, the value of Homer's stock rises to $5200, but that's another matter.
Homer conte1mplates his options and decides to buy beer. The following conversation with Moe (of Moe's Tavern) ensues:
Moe: Want a Duff?
Homer (haughtily): No, I'd like a bottle of Henry K. Duff's Private Reserve.
Moe (Gasping): Are you sure? 'Cause once I open the bottle, there's no refund.
See? That's how it's done!
November 5, 2014 in Commentary, Food and Drink, In the News | Permalink | TrackBack (0)
Monday, October 20, 2014
After Twelve Years of Trying: No Enhanced Performance from Drinking Red Bull
Class action lawsuits can be a great way for consumers to obtain much necessary leverage against potentially overreaching corporations in ways that would have been impossible without this legal vehicle. But they can also resemble mere litigiousness based on claims that, to laypeople at least, might simply seem silly. Decide for yourself where on this spectrum the recent settlement between Red Bull and a class of consumers falls. The background is as follows:
The energy drink Red Bull contains so much sugar and caffeine that it can probably help keep many a sleepy law professor and law student alert enough to get an immediate and urgent job done. I admit that I have personally enjoyed the drink a few times in the past, but cannot even drink an entire can without my heart simply beating too fast (so I don't).
Red Bull's marketing efforts promised consumers a "boost, "wings," and "improved concentration and reaction speeds." One consumer alleges in the class action suit that he "had been drinking the product since 2002, but had seen no improvement in his athletic performance."
It strikes me as being a bad idea to pin one's hopes on a mere energy drink to improve one's athletic performance. These types of energy drinks seem to be geared much more towards a temporary sugar high than anything else. At any rate, if the drink doesn't help, why continue drinking it for another 12 years?
Nonetheless, a group of plaintiffs filed claim asserting breach of express warranty, unjust enrichment, and violations of various states' consumer protection statutes. The consumers claim that Red Bull's deceptive conduct and practices mean makes the company's advertising and marketing more than just "puffery," but instead deceptive and fraudulent and thus actionable. The company of course denies this, but has chosen to settle the lawsuit "to avoid the cost and distraction of litigation."
To me, this case seems to be more along the lines of Leonard v. Pepsico than a more viable claim. Having said that, I am of course not in favor of any type of false and misleading corporate claims for mere profit reasons, but a healthy dose of skepticism by consumers is also warranted.
October 20, 2014 in Current Affairs, Famous Cases, Food and Drink, In the News | Permalink | Comments (0) | TrackBack (0)
Tuesday, October 14, 2014
Want to make sandwiches? First, sign this non-compete...
Jimmy John's, a sandwich chain that frankly I had never heard of but which has over 2,000 franchise locations, apparently makes its employees sign pretty extensive confidentiality and non-compete agreements , as reported by Bob Sullivan and this Huffington Post article. It's not clear to me what trade secrets are involved in making sandwiches, although I am a big fan of more transparency when it comes to what goes in my food and how it's made. As Bob Sullivan points out, in this economy, employment-related agreements for most employees are typically adhesion contracts. Making workers sign non-competes to get a job makes it much harder for them to get their next job. In this case, the employee is prohibited from working for two years at any place that makes 10% of its revenue from any sandwich-type product (broadly defined to include wraps and pitas) that is within 3 miles of any Jimmy Johns location. Given that there are 2,000 such locations, it could make it difficult for some food industry workers to find other jobs.
October 14, 2014 in Current Affairs, Food and Drink, Labor Contracts, Miscellaneous | Permalink | Comments (3) | TrackBack (0)
Monday, October 6, 2014
Seventh Circuit Rejects Steak n Shakes' Motion to Stay n Compel
While we were busy with the virtual symposium, we got a bit behind on reporting on cases. This one is from late August.
Three Steak n Shake (SNS) franchisees brought suit against SNS seeking a declaratory judgment that, under the terms of their franchise agreements, they may set their own prices and are not required to participate in corporate promotions. The case resulted from a corporate takeover in 2010, after which SnS initiated new pricing policies that plaintiff franchisees claim adversely affected their businesses.
The franchisees' agreements with SNS provided that the latter "reserve[d] the right to institute at any time a system of nonbinding arbitration or mediation." One month after plaintiffs filed suit, SNS introduced an arbitration policy requiring franchisees to engage in nonbinding arbitration at SNS's request. Pursuant to that policy, SNS filed a motion in the District Court to stay proceedings and compel arbitration. The District Court denied the motion, finding the arbitration agreement "illusory" because one-sided and unenforceable. In addition, the District Court found that the new arbitration policy could not apply retroactively to claims that had already been filed and that the Federal Arbitration Act (FAA) did not apply to non-binding arbitration.
In Druco Restaurants, Inc. v. Steak N Shake Enterprises, Inc., the Seventh Circuit agreed with the District Court's first ground for decision and did not reach its alternative grounds. Applying Indiana law, the Seventh Circuit found the arbitration agreement illusory. The Court noted that SNS was free to exercise or not exercise its right to arbitration at whim. The company also retained complete discretion to determine venues where and procedures under which arbitration would take place. Where so much is uncertain, the Seventh Circuit noted, the agreement is vague, indefinite and unenforceable.
October 6, 2014 in Food and Drink, Recent Cases | Permalink | Comments (0) | TrackBack (0)
Tuesday, June 17, 2014
Hardball Tactics by 7-Eleven or Franchisee Fraud?
Over the past few years, more than a dozen 7-Eleven franchisees have sued the company claiming that it operated in bad faith by untruthfully accusing the franchisees of fraud and by strong-arming them to "voluntarily" surrender their franchise contracts based on such false accusations. The franchisees claim that the tactic, which is known in the franchise community as "churning," is aimed at retaking stores in up-and-coming areas where the franchise can now be sold at a higher contractual value or from franchisees who are too outspoken against the company.
Franchisees split their gross profits evenly with 7-Eleven. The chain claims that it has hours of in-store covert footage showing franchisees voiding legitimate sales and not registering others to keep gross sales lower than the true numbers in order to pay smaller profits to 7-Eleven. Similarly, the chain uses undercover shoppers to spot-check the recording of transactions. This level of surveillance is uncommon among similar companies, says franchise attorney Barry Kurtz. A former corporate investigations supervisor for 7-Eleven calls the practice "predatory."
Japanese-owned 7-Eleven asserts that a few of their franchisees are stealing and falsifying the sales records, thus depriving the company of its full share of the store profits. It maintains in court records that its investigations are thorough and lawful. It also complains that groups of franchisees often group together to create a "domino of lawsuits, pressuring the company to settle."
It seems that a company installing hidden cameras to monitor not customers for safety reasons, but one's own franchisees raises questions of whether or not these people had a reasonable expectation of privacy in their work-related efforts under these circumstances. If not, the issue certainly raises an ethical issue: once one has paid not insignificant franchise fees and continue to share profits with the franchisor at no less than 50-50%, should one really also expect to be monitored in hidden ways by one's business partner, as the case is here? That has an inappropriate Big-Brother-is-Watching-You feel to it.
In the 1982 hit Dire Straits song Industrial Disease, Mark Knopfler sings that "Two men say they're, Jesus one of them must be wrong." When it comes to this case, the accusations of "bogus" reasons asserted by the franchisees and returned fire in the form of theft accusations by 7-Eleven, somebody must not follow the contractual duty of good faith and fair dealings.
This case seems thus to be one that could appropriately be settled… oh, wait, the company apparently perceives that to be inappropriate pressure. Perhaps a fact finder will, then, have to resolve this case of mutual mud-slinging. In the meantime, 7-Eleven prides its "good, hardworking, independent franchisees" of being the "backbone of the 7-Eleven brand." That is, until the company itself deems that not to be the case anymore, at which point in time it imposes a $100,000 "penalty" on those of its franchisees who do not volunteer to sign away their stores. The company does not reveal how it imagines that its hardworking, but probably not highly profitable, franchisees will be able to hand over $100,000 to a company to avoid further trouble.
June 17, 2014 in Commentary, Food and Drink, In the News, Labor Contracts, True Contracts | Permalink | Comments (1) | TrackBack (0)
Friday, May 23, 2014
A Small Fish in a Big Game
By Myanna Dellinger
In California, the Bureau of Reclamation is in charge of divvying up water contracts in the California River Delta between the general public and senior local water rights owners. Years ago, it signed off on long-term contracts that determined "the quantities of water and the allocation thereof" between the parties. About a decade ago, it renewed these contracts without undertaking a consultation with the Fish and Wildlife Service ("FWS") to find out whether the contract renewals negatively affected the delta smelt, a small, but threatened, fish species. The thinking behind not doing so was that since the water contracts "substantially constrained" the Bureau's discretion to negotiate new terms, no consultation was required.
Not correct, concluded an en banc Ninth Circuit Court of Appeals panel Ninth Circuit Court of Appeals panel recently. By way of brief background, Section 7 of the Endangered Species Act ("ESA") requires federal agencies to ensure that none of their actions jeopardizes threatened or endangered species or their habitat. 16 U.S.C. § 1536(a). Among other things, federal agencies must consult with the FWS if they have "some discretion""some discretion" to take action on behalf of a protected species. In this case, since the contractual provision did not strip the Bureau of all discretion to benefit the species, consultation should have taken place. For example, the Bureau could have renegotiated the pricing or timing terms and thus benefitted the species, said the court.
In 1993, the delta smelt had declined by 90% over the previous 20 years and was thus listed as a threatened species under the ESA. Of course, fish is not the only species vying for increasingly scarce California water. Man is another. The current and ongoing drought in California – one of the worst in history – raises questions about future allocations of water. Who should be prioritized? Private water right holders? People in Southern California continually thirsty and eager to water their often overly water-demanding garden plants? Industry? Farmers? Not to mention the wild animals and plants depending on sufficient levels of water? There are no easy answers here.
The California drought is estimated to cost Central Valley farmers $1.7 billion and 14,500 jobs. While that seems drastic, the drought is still not expected to have any significant effect on the state economy as California is no longer an agricultural state. In fact, agriculture only accounts for 5% of jobs in California. Still, that is no consolation to people losing their jobs in California agriculture or consumers having to pay higher prices for produce in an increasingly warming and drying California climate.
The 1974 movie Chinatown focused on the Los Angeles water supply system. 40 years later, the problem is just as bad, if not worse. The game as to who gets water contracts and for how much water is still on.
May 23, 2014 in Commentary, Current Affairs, Food and Drink, Government Contracting, Recent Cases, True Contracts | Permalink | Comments (0) | TrackBack (0)
Thursday, May 8, 2014
Vermont First State to Require Labeling of GMOs
By Myanna Dellinger
On May 8, 2014, Vermont became the first state in the nation to require foods containing GMOs (genetically modified organisms) to be labeled accordingly. The law will undoubtedly face several legal challenges on both First Amendment and federal pre-emption grounds, especially since giant corporate interests are at stake.
Scientists and companies backing the use of GMOs claim that GMOs are safe for both humans and the environment. Skeptics assert that while that may be true in the short term, not enough data yet supports a finding that GMOs are also safe in the long term.
In the EU, all food products that make direct use of GMOs at any point in their production are subjected to labeling requirements, regardless of whether or not GM content is detectable in the end product. This has been the law for ten years.
GMO stakeholders in the United States apparently do not think that we as consumers have at least a right to know whether or not our foods contain GMOs. Why not, if the GMOs are as safe as is said? A host of other food ingredients have been listed on labels here over the years, although mainly on a voluntary basis. Think MSGs, sodium, wheat, peanuts, halal meat, and now gluten. This, of course, makes perfect sense. But why should GMOs be any different? If, for whatever reason, consumers prefer not to eat GMOs, shouldn't we as paying, adult customers have as much a say as consumers preferring certain other products?
Of course, the difference here is (surprise!) one of profit-making: by labeling products "gluten free," for example, manufacturers hope to make more money. If they had to announce that their products contain GMOs, companies fear losing money. So why don't companies whose products don't contain GMOs just volunteer to offer that information on the packaging? The explanation may lie in the pervasiveness of GMOs in the USA: the vast majority (60-80%, depending on the many sources trying to establish certainty in this area) of prepared foods contain GMOs just as more than 80% of major crops are grown from genetically modified seeds. Maybe GMOs are entirely safe in the long run as well, maybe not, but we should at least have a right to know what we eat, it seems.
Bon appétit!
May 8, 2014 in Commentary, Current Affairs, Food and Drink, In the News, Legislation, Science, True Contracts | Permalink | Comments (0) | TrackBack (0)
Tuesday, May 6, 2014
Suit Over Old Wine in Somewhat Less Old Bottles: In Vino Sales Veritas?
This just in from University of Minnesota Contracts Prof. Carol Chomsky:
The Antique Wine Company (AWC), a London-based wine dealer, is being sued for $25 million by Julian LeCraw Jr., an Atlanta real estate investor and wine collector, for allegedly selling 15 bottles of counterfeit rare old Bordeaux wine. The suit claims fraud and breach of contract based on sales of a bottle of Château d'Yquem 1787, a Yquem 1847, a 6-liter bottle of Château Margaux 1908, and 12 bottles of Château Lafite Rothschild ranging in vintage from 1784 to 1906.
Stephen Williams, founder and managing director of AWC, says "it duly researched the provenance of the wines it supplied and fully disclosed that information" to the buyer at the time of the purchases, but some of those claims are contested by statements made the château merchants themselves.
An "authenticity ticket" relied upon by AWC for the 1787 Yquem (purchased for $91,400, including insurance) was not an endorsement of the wine's authenticity, according to those statements. "I signed it the way people sometimes sign a menu or a post card," said Count Alexandre de Lur Salces; "I simply put a signature on it. It is out of the question that I could identify it as authentic." There is also dispute over whether the logo on some of the buyer's bottles was registered after the date on which the wine was allegedly rebottled and whether two bottles of Yquem 1847 allegedly identical to those sold to LeCraw still exist in the cellars of the Cruse family in Bordaux.
AWC's lawyer suggests the issue is not whether the bottles are counterfeit, but whether the seller used a standard of care in keeping with the then-current industry practices in researching the provenance of the bottles. For more information, see the article in The Wine Spectator here. Makes me wonder if proving authenticity will include drinking one bottle of each!
May 6, 2014 in Food and Drink, Recent Cases | Permalink | Comments (0) | TrackBack (0)
Thursday, April 17, 2014
General Mills Leads the Way (Into Compelled Arbitration)
According to this article in today's New York Times, General Mills has added language to its website designed to force anyone who interacts with the company to disclaim any right to bring a legal action against it in a court of law. If a consumer derives any benefit from General Mills' products, including using a coupon provided by the company, "liking" it on social media or buying any General Mills' product, the consumer must agree to resolve all disputes through e-mail or through arbitration.
The website now features a bar at the top which reads:
We've updated our Privacy Policy. Please note we also have new Legal Terms which require all disputes related to the purchase or use of any General Mills product or service to be resolved through binding arbitration. For more information on these changes, please click here.
The Legal Terms include the following provisions:
- The Agreement applies to all General Mills products, including Yoplait, Green Giant, Pillsbury, various cereals and even Box Tops for Education;
- The Agreement automatically comes into effect "in exchange for benefits, discounts," etc., and benefits are broadly defined to include using a coupon, subscribing to an e-mail newsletter, or becoming a member of any General Mills website;
- The only way to terminate the agreement is by sending written notice and discontinuing all use of General Mills products;
- All disputes or claims brought by the consumer are subject to e-mail negotiation or arbitration and may not be brought in court; and
- A class action waiver.
The Times notes that General Mills' action comes after a judge in California refused to dismiss a claim against General Mills for false advertising. Its packaging suggests that its "Nature Valley" products are 100% natural, when in fact they contain ingredients like high-fructose corn syrup and maltodextrin. The Times also points out that courts may be reluctant to enforce the terms of the online Agreement. General Mills will have to demonstrate that consumers were aware of the terms when they used General Mills products. And what if, when they did so, they were wearing an Ian Ayres designed Liabili-T?
April 17, 2014 in Commentary, E-commerce, Food and Drink, In the News | Permalink | Comments (0) | TrackBack (0)
Friday, April 11, 2014
Sour Grapes: Wine Snob's Lawsuit is Dismissed
I opened the box of wine for this case out of N.Y. Civil Court (where else?!):
In January 2013, defendants sent plaintiff, via email, an advertisement advising plaintiff of the availability for purchase of up to 240 bottles of 2009 Cune Vina Rioja Crianza wines. The advertisement stated:
Yesterday, we sampled the 2009 Cune Vina Real Crianza and we were very impressed. The old world style of Rioja is on a roll. Much to the chagrin of Jorge Ordonez and Eric Solomon. Even Robert Parker [ed note: wikipedia bio] could not hide his approval of this wine, blasting out a 91 point score on this one. I am not sure what 91 points means these days, but you probably do…
The rest of the advertisement contained a WA score of 91 and a quotation from Robert Parker describing the wine and the $12.99 per bottle price of the wine. Based upon this advertisement and believing that the 2009 Cune Vina Rioja Crianza was the equivalent of a Marquis Riscal, plaintiff purchased six bottles of the offered wine. After receiving the wine, plaintiff did not like the wine, found it mediocre and to be of poor quality and determined based upon his own opinions that the wine was worth no more than seven dollars per bottle. Plaintiff then demanded a refund for the six bottles he purchased. Citing store policy, defendants refused to refund plaintiff but offered to allow plaintiff to return the five unopened bottles for store credit.
After an email exchange of name calling, plaintiff then commenced a lawsuit alleging, among other things, that defendants fraudulently induced plaintiff into purchasing the wine. The court dismissed plaintiff's claim as flabby and austere, with hints of barnyard:
In order to plead a prima facie case of fraud, a plaintiff must allege each of the elements of fraud with particularity and must support each element with an allegation of fact (Fink v. Citizens Mortg. Banking Ltd., 148 AD2d 578 [2nd Dept 1989]). To plead a prima facie case of fraud the plaintiff must allege representation of a material existing fact, falsity, scienter, deception and injury (Lanzi v. Brooks, 54 AD2d 1057 [3rd Dept 1976]). Plaintiff has not made out a prima facie case on several of the elements. Plaintiff has focused his fraud claim on the fact that defendant represented the wine as a 91 point wine. The advertisement states that even Robert Parker rated this as a 91 point wine and continued that defendants were not sure what a 91 point wine wasanymore. Plaintiff alleges that this advertisement fraudulently induced him into buying the wine. However, plaintiff does not provide even a scintilla of evidence that the advertisement contained any fraud at all. Plaintiff does not allege that Robert Parker did not rate this wine 91 points and plaintiff has acknowledged that defendants did not themselves give the wine a rating. Rather, plaintiff assumed on his own that the wine was "even better than a Marquis de Riscal" and decided to purchase the wine based upon this. When the wine did not measure up to his subjective tastes, he decided that the wine was not as advertised. However, plaintiff has not demonstrated at even the minimum prima facie level that any deception took place, that there was any falsity or anything other than plaintiff's assumptions were incorrect. Thus, the second cause of action is dismissed.
This makes a fun fact pattern if you change the claims to breach of express or implied warranties. In particular, is a 91 wine score (whatever that means) a statement of opinion or fact?
Seldon v. Grapes, CV-20953/13-NY, NYLJ 1202650165299, at *1 (Civ., NY, Decided March 20, 2014).
April 11, 2014 in Food and Drink, Recent Cases | Permalink | TrackBack (0)
Thursday, April 3, 2014
Giant Pizza Challenge [File this in: Unilateral Contracts]
Running out of examples of offers to enter into a unilateral contract? This story from California comes just in time and, like all good ideas, it was inspired by television:
A pizza parlor specializing in take-out business is offering a special challenge to any two people who choose to eat in the dining room: A check for $2,500 if they can finish a giant pizza in less than an hour.
"I call it Da Big Kahuna," said Glenn Takeda, owner of 8 Buck Pizza, whose $60 extra, extra, extra large pizza is 30 inches in diameter and weighs 15 pounds.
The 8.5 lbs of dough is covered with 3.5 lbs of cheese and a choice of any three toppings, one of which must be meat.
Takeda got the idea for Da Big Kahuna challenge in January from watching other food-eating contests on TV.
He initially offered $100 cash per person plus a year's worth of free pizza, but got no takers.
Contestants started lining up when Takeda boosted the prize to $2,500. So far, 15 teams have taken -- and failed -- the challenge.
Among those who have left the table without finishing Da Big Kahuna is well-known competitive eater Naader Reda, who drove more than 400 miles from his home in Joshua Tree Wednesday to tackle the monster pizza with eating partner John Rivera.
"John and I make a great team, but that day, the 15-pound Big Kahuna was too much," Reda tweeted to News10. "It is a very tough opponent."
Reda was equally gracious in his review of the pizza's quality.
"It was the thickest, doughiest pizza I've ever encountered. It was also one of the two or three most delicious pies I've sampled," he wrote.
Takeda said Reda and Rivera came as close as anyone to finishing Da Big Kahuna, and admits he was preparing to part with $2,500.
"I swear I thought they were going to do it," he said.
At the end of the hour, the pair left with enough pizza to fill a 14-inch takeout box.
Based on Wednesday's close call, Takeda knows it's only a matter of time before he's forced to write the check.
"I'm sure somebody will surface," he said.
Not a bad marketing strategy. So long as Takeda sells about 42 of these $60 pizzas, he's got the $2500 prize covered.... and he's already half way there. Though, that assumes a 100% profit margin. We can call his cost per pizza "advertising" - and at a really good price given that his business is already all over the Internets.
[Update: I thought more about this and perhaps it isn't a unilateral contract but, rather, a bilateral contract with a condition. Customer pays $60 in exchange for a large pizza and the opportunity to win the $2500. The condition precedent to winning the $2500 is eating the whole pizza in an hour. If the customer did not have to pay for the pizza, then it looks more like a unilateral contract.]
April 3, 2014 in Food and Drink, In the News | Permalink | Comments (2) | TrackBack (0)
Wednesday, March 5, 2014
Nutrition Labels and "Natural" Foods
As a follow-up on Nancy's post from last week on Nutrition Labels and Wrap Contracts, I would like to call attention to a new paper posted on SSRN by my colleague Nicole Negowetti (pictured). The paper is called Defining "Natural" Foods: The Search for a "Natural" Law, and here is the abstract:
Because the FDA has refused to codify a uniform or enforceable definition of "natural" food, each food manufacturer determines its own standard for the term. Unlike the certified organic label, no government agency, certification group, or other independent entity ensures that "natural" claims have merit. Generally, the term "natural" means that a food has been minimally processed, contains no artificial ingredients or preservatives, is healthy and wholesome. However, food producers are not prohibited by law from using pesticides, genetically modified crops, fumigants, solvents, and toxic processing aids. Consumers and food producers are both disadvantaged by the inconsistent meanings and uses of the term. Recent surveys demonstrate that while consumers demand "natural" products, they are confused regarding the term's meaning. A proliferation of consumer protection lawsuits against food producers has flooded the courts over the past two years. Food producers truly committed to producing "natural" products are competing with manufacturers who loosely interpret the term, produce and sell cheaper, inferior, and not-so-"natural" products. In light of the FDA's reluctance to codify a "natural" definition, this Article will evaluate the recent decisions in the "natural" lawsuits and the attempts by courts, legislatures, the food industry, and retailers to establish a "natural" standard. The Article concludes that the search for an enforceable and comprehensive "natural" standard is futile. It predicts that the term "natural" has proven to be so confusing to consumers that the significance of the term has likely been diluted. Furthermore, because the claim has been so legally troublesome for food manufacturers, use of "natural" on food labels will surely be on the decline.
March 5, 2014 in About this Blog, Food and Drink, Recent Scholarship | Permalink | Comments (0) | TrackBack (0)
Monday, January 27, 2014
Severe Economic Disruptions from Climate Change
Severe Economic Disruptions from Climate Change
For many, climate change remains a far off notion that will affect their grandchildren and other "future generations." Think again. Expect your food prices to increase now, if they have not already. Amidst the worst drought in California history, the United Nations is releasing a report that, according to a copy obtained by the New York Times, finds that the risk of severe economic disruptions is increasing because nations have so dragged their feet in combating climate change that the problem may be virtually impossible to solve with current technologies.
The report also says that nations around the world are still spending far more money to subsidize fossil fuels than to accelerate the urgently needed shift to cleaner energy. The United States is one of these. Even if the internationally agreed-upon goal of limiting temperature increases to 2° C, vast ecological and economic damage will still occur. One of the sectors most at risk: the food industry. In California, a leading agricultural state, the prices of certain food items are already rising caused by the current drought. In times of shrinking relative incomes for middle- and lower class households, this means a higher percentage of incomes going to basic necessities such as food, water and possible medical expenses caused by volatile weather and extreme heat waves. In turn, this may mean less disposable income that could otherwise spur the economy.
Disregarding climate change is technologically risky too: to meet the target of keeping concentrations of CO2 below the most recently agreed-upon threshold of 500 ppm, future generations would have to literally pull CO2 out of the air with machinery that does not yet exist and may never become technically or economically feasible or with other yet unknown methods.
Of course, it doesn't help that a secretive network of conservative billionaires is pouring billions of dollars into a vast political effort attempting to deny climate change and that – perhaps as a consequence – the coverage of climate change by American media is down significantly from 2009, when media was happy to report a climate change "scandal" that eventually proved to be unfounded.
The good news is that for the first time ever, the United States now has an official Climate Change Action Plan. This will force some industries to adopt modern technologies to help combat the problem nationally. Internationally, a new climate change treaty is slated for 2015 to take effect from 2020. Let us hope for broad participation and that 2020 is not too late to avoid the catastrophic and unforeseen economic and environmental effects that experts are predicting.
Myanna Dellinger
Assistant Professor of Law
Western State College of Law
January 27, 2014 in Current Affairs, Food and Drink, In the News, Legislation, Science, Television | Permalink | Comments (1) | TrackBack (0)
Tuesday, January 21, 2014
Tips on the Rise... but Who Benefits?
After a night on the town, you decide to hire not a traditional taxi company, but rather a new and similar service provider that uses third-party private drivers operating their individually owned, unmarked cars and smart application payment technology. The app says, "Gratuity is included." Would you expect the tips you give to go in full to the drivers or for the tips to be shared with the taxi-like company? Probably the former, although tipping tactics and expectations seem to be changing.
The question of whether the drivers in the above situation have a viable claim to the full amount of the tips will soon be resolved in California in O'Connor v. Uber Techs, 2013 BL 338258 (N.D. Cal. Dec. 5, 2013). After determining that no implied-in-fact contract can be said to exist between the drivers and the taxi-like company "Uber," the court so far determined that Uber and its passengers may have entered into an implied agreement regarding the tips from which the drivers were ultimately intended to benefit as third parties to the contract between Uber and passengers.
In the USA, tipping is widely considered a fair way for service personnel to earn a more decent living than if they had to rely on base salaries. This intersects with the current debate about whether the federal minimum wage should be increased. According to recent CNN TV news, if salaries reflected the productivity levels of United States workers, the minimum salary should be $28/hr. It is currently $7.25.
But what about consumers? Tipping seems to rising more rapidly than both salaries and inflation rates in general. Not long ago (ten years or so), tipping 10% in restaurants was considered the norm, at least in California and parts of the Western USA. Now, food servers, the drivers in the above case and undoubtedly others expect 20%; a 100% increase in ten years or so. Many Los Angeles restaurants have begun to automatically add this 20% gratuity to their guest checks (some still leaving an additional line open for tips…). In comparison, the average inflation rage was 2.5% per year over the past ten years. During the 12-month period ending November 2013, inflation was 1.2%. Of course, salaries may be a more accurate yardstick. According to the Social Security Administration's Average Wage Index, salaries increased by approximately 33% over the past ten years (approx. 3% from 2011 to 2012).
To be sure, service personnel and other workers deserve a decent income for their efforts in a wealthy, industrialized nation such as the USA. The question is whether the burden of this should be placed on consumers in the form of more or less "hidden" costs such as tax and tips in somewhat uncertain amounts or whether the employers should be expected to more openly list the true bottom-line costs of their services as is the case in other nations. A better route may be to increase the federal minimum salary to the much-discussed (e.g., here) "living wage." At a minimum, it would seem that all tips given should go to the workers and not be a mere way for companies to award themselves more money.
Myanna Dellinger
Assistant Professor of Law
Western State College of Law
January 21, 2014 in Food and Drink, Legislation, Web/Tech | Permalink | TrackBack (0)
Tuesday, November 26, 2013
Starbucks Managers Get to Share in Tip Pool, Says District Court
November 26, 2013 in Food and Drink, In the News, Labor Contracts, Recent Cases | Permalink | Comments (0) | TrackBack (0)
Wednesday, November 13, 2013
A Bitter Cup
Starbucks lost an arbitration fight with Kraft Foods and is being fined nearly $2.8 billion. Yes, you read that right - that's billion with a B. At the center of a dispute was a 1998 contract that required Kraft to distribute and market Starbucks brand coffee to U.S. retailers. The agreement was supposed to terminate in 2014 but Starbucks didn't want to wait that long. It complained that Kraft wasn't doing a good job promoting its coffee and offered Kraft $750 million to terminate the contract. Kraft rejected but Starbucks ended it in 2011 anyway (and entered into a deal with Green Mountain Coffee Roasters) which led Kraft to commence arbitration proceedings.
Another reminder to think carefully about those long durations in contracts - you can never predict how things will go and it's a good idea to really think about those termination provisions.
[Nancy Kim]
November 13, 2013 in Current Affairs, Food and Drink, In the News, Miscellaneous | Permalink | Comments (0) | TrackBack (0)
Thursday, October 31, 2013
Behavioral Economics and Halloween
According to this scary report from National Public Radio, children are not entirely rational. Well, perhaps we should not overstate the conclusions one can draw based on the relevant research. Children are only boundedly rational when it comes to Halloween candy.
A psychologist at Dartmouth College discovered that children were happier when they got a candy bar than they were when they got a candy bar and a piece of gum. This research calls into question our earlier assumption that more is better.
And it turns out that, according ot the same NPR report, Halloween candy is not the only realm in which people's responses to experiences can defy our expectations. It turns out that, while colonoscopies are bad, colonoscopies in which a tube is left inserted in the patient for a while, causing additional discomfort, are . . . (if you guessed worse, you're getting colder), at least according to a survey of patients on what they thought of the experience.
The trick (or treat) is to save the best (or the least bad) for last. If y0u are handing out candy tonight, and you don't want to get your house egged back into the stone ages, give the children some prunes, and then as they reach for their mace, offer a candy bar. They will leave happy and nominate you for a Nobel Prize. Similarly, if you are going to perform an invasive procedure on someone, make sure you have something less bad with which to follow it up.
October 31, 2013 in Commentary, Food and Drink, Miscellaneous | Permalink | Comments (0) | TrackBack (0)
Tuesday, October 29, 2013
Texas Taco Fight over Trade Secrets
Our Founding Editor Frank Snyder (pictured) sent us this story from the Fort Worth Business Press about a dispute over the "chef-inspired" offeerings at the three-store Texas Taco chain. Another chain, Torchy's Taco, is alleging that Texas Taco's menu is based on Torchy's "Taco Bible."
The alleged Edward Snowden of this taco thriller is an ex-Torchy's grill cook who is now working for Texas Taco. The employee allegedly attempted to steal Torchy's Taco Bible by slipping it under his shirt. Torchy's caught this on video camera and ordered the employee to return to Bible. He surrendered the Bible and was fired. Apparently, Torchy's neglected to confiscate the microfilm (or flash drive or whatever device the employee allegedly used to copy the recipes). Some months later, some of Torchy's descriptions of its tacos appeared on Texas Taco menus that gave the creations new names.
It is not entirely clear whether the employee is now being sued for beach of a covenant not to compete, for theft of trade secrets or both. Both the cook and Texas Taco deny any wrongdoing.
October 29, 2013 in Food and Drink, Recent Cases | Permalink | Comments (0) | TrackBack (0)
Monday, September 2, 2013
Starbucks' Acquisition of La Boulange
Being an observant type, I noticed that the Starbucks that I wandered into this weekend was festooned in pink. Breast cancer awareness? Nope. Starbucks has "partnered" with a San Francisco-based chain of bakeries called La Boulange, and since La Boulange's color is pink, Starbucks is celebrating its new "partnership" with a complementary color scheme. The barista who explained all this to me characterized the transaction as an acquisition rather than a partnership, and that seems more accurate, since that's what Starbucks called the transaction when it announced last summer that it acquired La Boulange for $100 million.
This is a very interesting transaction. La Boulange had about 20 cafes in the San Francisco area. How does La Boulange ramp up its operations to supply 8000 Starbucks outlets with its baked goods without degrading quality? Working all that out might have been the reason beyond the 14-month delay between the announcement of the partnership and the arrival of the chocolate croissants on my plate.
San Francisco's Business Times suggests that the creator of La Boulange, Pascal Rigo, still thinks there is a lot to sort out. His bakeries will continue to exist, and it seems that he plans to double the number of La Boulange outlets in the Bay area. Meanwhile, he hopes that Starbucks will become known as a cafe and bakery and that it could even become a lunch destination. That may be a challenge, since people are attracted to Starbucks becasue they can buy a coffee and a snack and spread out at a table for four for four hours while they work on their laptops. That use of space might not be optimal if Starbucks wants to pack in the lunch crowd.
The other thing about this transaction that interests me is why it took Starbucks, the company that realized that you can charge people $2 for a small coffee, so long to realize that people who like gourmet coffee also like high-quality baked goods, something the Viennese have known since the 17th century. Perhaps they were just waiting for the right parntner or perhaps they realized that people who are willing to pay $5 for a fancy coffee-based dessert drink do not want to pay $10 for a fancy coffee-based dessert drink plus a fancy dessert. Also, some regulars have to avoid the place entirely if it is going to tempt them with delicious desserts each time they enter.
September 2, 2013 in Food and Drink, True Contracts | Permalink | Comments (0) | TrackBack (0)
Monday, October 29, 2012
Contracts Limerick of the Week: Bloor v. Falstaff Brewing
At right is a drawing of the Ballantine brewery in Newark as it appeared in the late 19th century. Founded in 1840, the brewery grew to be one of the largest in the United States by the end of the 19th century. Recognizing that nobody without a gut full of beer could enjoy the American passtime, Ballantine cleverly partnered with the New York Yankees. Through its partnership of that storied team, Ballantine grew to become the third most popular beer in the United States.
Sadly, in the 1960s the brand declined. As Judge Friendly recounts in his opinion for the Second Circuit in Bloor v. Falstaff Brewing Corp., in 1969, the brewery suffered the indignity of acquisition by a real estate conglomerate with no experience in brewing. After bleeding money for a few years, the conglomerate sold Ballantine to Falstaff Brewing Corporation in return for some cash and a promise to use "its best efforts to promote and maintain a high volume of sales" of Ballantine beer. If it ceased to sell the beer entirely, the contract provided for liquidated damages.
Falstaff chose not to promote Ballantine beer. It's marketing strategy was summarized by Falsataff's controlling shareholder as follows: We sell beer, F.D.B. the brewery. You come and get it. That didn't work very well for Ballantine, and its volume of sales plummeted. The trustee of what remained of Ballantine sued alleging breach of the best efforst clause and seeking liquidated damages. Judge Friendly's conclusion is summarized below:
Bloor v. Falstaff Brewing Corp. Limerick
Falstaff had to adhere
To its deal to sell Ballantine beer.
Volume's not killer
When there's Bud, Coors and Miller.
Still, its efforts must be sincere.
October 29, 2012 in Famous Cases, Food and Drink, Limericks, Teaching | Permalink | Comments (0) | TrackBack (0)


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There's a sense in some basketball quarters this season that Florida Gulf Coast is underachieving. Maybe that's what happens when an anonymous mid-major makes a big splash at the NCAA tournament, and doesn't pick up where it left off.Comments
Stetson (4-14, 2-4) scored the last six points after Jalen Riley hit a pair of free throws to tie the game with 1:35 remaining. The Bucs (9-9, 2-3) had three shots to tie the game in the final minute, opting for 3-pointers instead of quick twos. None ofComments
After going more than 49 months without a regular-season loss in the conference, it seemed like Science Hill went that long without a field goal while having its 61-game wins streak snapped convincingly on Tuesday at Science Hill.Comments
Under the direction of Dave Walker, the Niswonger Invitational was able to attract some of the top track and field athletes in the world to Johnson City. That tradition will continue this weekend.Comments
Milligan College's women picked up the pace in the second half and ran past Montreat 83-66 on Wednesday night at Steve Lacy Fieldhouse.Comments
Clinging to a one-point lead and less than 10 seconds left, it appeared that the Milligan College men's basketball team needed one final stop against Montreat on Wednesday night. It turns out they needed two.Comments
Snow flurries peppered down as the East Tennessee State basketball team boarded its bus to the airport Wednesday morning. It was a good time to be flying south.Comments
It took time, sweat, and a lot of determination, but John Dyer has become one of the most respected coaches in Northeast Tennessee basketball history.Comments
After being held to nine points in the first half, Patrick Good scored eight straight points to give his team a one-point lead and kept adding to the total in David Crockett's 73-64 win over Daniel Boone.Comments
Tennessee High emphatically ended the Hilltoppers' 61-game Big Seven Conference wins streak with a 59-44 victory Tuesday at Science Hill.Comments


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I think you did a nice job with Reflection- it's a hard song, and you sang it well. You have a really pretty voice, and it suits this song. As you said, the timing was a bit off but it wasn't really noticeable.
I think you did a nice job with Reflection- it's a hard song, and you sang it well. You have a really pretty voice, and it suits this song. As you said, the timing was a bit off but it wasn't really noticeable.
@Paperhorse thanks so much! Sorry I diidn't reply any earlier, I didn't realise someone had posted ^^
I recorded it like three times but then I couldn't get an oppurtunity afterwards, and that was the best timed one xD Thanks for the comments :)
Rollin.mp3 - 4shared.com - online file sharing and storage - download
Rolling in the deep - asked to do on the karaoke thread.
Comments? xP Sorry about the mistakes
I know I've said this before, but your voice is very pretty! Tone quality is spectacular.
I think your voice is perfect for this song. Your voice is clean and pleasant to listen to, and you don't sound strained or forced when hitting those higher notes. Stunning.
Rolling in the Deep
This cover is spot on, as well. Suggestion, though: don't be afraid to put more emotion into what you're singing. Really get into the song with the lyrics; I think at some parts during the refrain, you could have been more passionate with it.
@The Puppetmaster Thank you so much! That's so kind of you ^^'
I've got a free house for the weekend so I got a chance to do this, haha. Some mistakes again, but it was my first time singing it all the way through. xP I transposed it up.
edit: Waaah I thought I got rid of my voice at the beginning. fml. Oh well x3
I really enjoyed it! ^^ It was so soothing and calm. It was very enjoyable.
I agree with Puppetmaster on the emotion thing. But there was emotion in this song, don't get me wrong.
Team Fairy
Sprites from Serebii.net
Awww you sound adorable when you speak. xD
I loved your singing in this one yet again; there's definitely emotion there this time. You're also good at gliding notes and keeping them light.
Keep up the beautiful work!
@Karamazov @The Puppetmaster Thank you so much! ^^
OK, I recorded these at the same time as I did my last one, but I only just remembered them now. I'm not really happy with them, but I might as well put them up here anyways. These songs are really lovely, I kinda ruined them. xP
Make You Feel my Love by Adele
Your Song... the Ellie Goulding cover.
I forgot to make them mp3 instead of wav, oh well.
Any better?
I am really impressed with your Adele cover! Adele songs are hard to sing because she pacts so much emotion in her voice, so it is hard to cover her. But I think you did a great job! Your voice is very sweet and soothing, so it works with the song.
Totally digging this out of a grave.
So this is my entry for the Bulbagarden's Christmas Kareoke. It was pretty fun to do, actually. As I had to edit the lyrics a little to make it pokemon themed.
Stantler Baby - entry to Bulbagarden's Christmas Kareoke contest - YouTube
You are so talented!! I didn't know you could play piano too. Your voice is so nice to listen to. My only criticism is the piano was too loud for your voice.


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WASHINGTON, Dec. 1, 2011 /PRNewswire-USNewswire/ -- Assembly Bill 5502-B—transmitted to Governor Andrew Cuomo yesterday—would needlessly raise the cost of many prescriptions in New York by 10 percent, according to the Pharmaceutical Care Management Association. If enacted, the Bill would prohibit consumers from getting discounted prescriptions through mail-service pharmacies.
The Federal Trade Commission warns that AB 5502-B will "harm consumers" and "raise prices for, and reduce access to, prescription drugs." And in an editorial, The New York Times says the bill looks like "a favor to retail drug lobbyists that could actually drive up costs for consumers."
"It's wrong for the drugstore lobby to ask Governor Cuomo to sign a bill that enriches them by making businesses and consumers pay more for prescription drugs. Governor Cuomo should veto this bill because employers need every cost saving tool they can get in this economy and mail-service pharmacy is at the top of the list," said PCMA President and CEO Mark Merritt.
Even a lead lobbyist for the bill, Craig Burridge, admits that it could raise costs, telling the New York Times that "drug plans negotiated by labor unions would be exempt from the law if the unions required members to use mail-order pharmacies as a way of saving money."
Mail-service pharmacies offer 90-day prescriptions that are less expensive and more convenient than driving to the drugstore every 30 days. With mail-service pharmacies, patients can get private counseling over the phone from trained pharmacists seven days a week, 24 hours a day. Numerous government and peer-reviewed data have confirmed the incre
|SOURCE Pharmaceutical Care Management Association
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In another partnership, iMind Education Systems will be distributing NEC Systems, Inc.'s Leonardo's Multimedia Toolbox as part of its Internet-based solution for K-12 education. Leonardo's Multimedia Toolbox is a research, authoring and creativity tool that connects technology and Internet resources to promote project-based learning. The collaboration allows schools to further integrate spreadsheet, charting, geometry tools, and video and sound file editing directly into the curriculum while delivering it across multiple platforms. For more information, visit www.leo.nec.com.
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