McDonald's urging franchisees to open on Christmas

McDonald's Corp. is urging U.S. restaurant owners to take the unusual step of opening on Christmas Day to deliver the world's biggest hamburger chain with the gift of higher December sales, AdvertisingAge reported Monday.

The request -- which comes as McDonald's tangles with resurgent rivals such as Wendy's, Burger King and Yum Brands' Taco Bell chain -- would be a break from company tradition of closing on major holidays.

"Starting with Thanksgiving, ensure your restaurants are open throughout the holidays," Jim Johannesen, chief operations officer for McDonald's USA, wrote in a Nov. 8 memo to franchisees -- one of two obtained by AdvertisingAge.

"Our largest holiday opportunity as a system is Christmas Day. Last year, (company-operated) restaurants that opened on Christmas averaged $5,500 in sales," Johannesen said.

"The decision to open our restaurants on Christmas is in the hands of our owner/operators," McDonald's spokeswoman Heather Oldani told Reuters.

Don Thompson took over as chief executive at McDonald's in July and has the difficult task of growing sales from last year's strong results in a significantly more competitive environment.

McDonald's monthly global sales at established restaurants fell for the first time in nine years in October, but unexpectedly rebounded in November.

The November surprise was partly due to a 2.5 percent rise in sales at U.S. restaurants open at least 13 months.

"Our November results were driven, in part, by our Thanksgiving Day performance," Johannesen wrote in a Dec. 12 memo to franchisees.

Oldani said 1,200 more McDonald's restaurants were open on Thanksgiving this year versus last year -- not 6,000 more as AdvertisingAge reported.

Still, the company has a high hurdle when it comes to posting an increase in restaurant sales this month because its U.S. same-restaurant sales jumped 9.8 percent in December 2011.

"It's an act of desperation. The franchisees are not happy," said Richard Adams, a former McDonald's franchisee who now advises the chain's owner/operators.

The push to open on the holidays goes against McDonald's cultural history, said Adams. In his first published operations manual, McDonald's Corp. founder Ray Kroc said the company would close on Thanksgiving and Christmas to give employees time with their families, Adams said.

"We opened for breakfast on Thanksgiving the last couple years I was a franchisee. It was easy to get kids to work on Thanksgiving because they want to get away from their family, but not on Christmas," Adams said.

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Judge: Assign Daley nephew case to judge outside Cook

Cook County Chief Judge Timothy Evans said today he has asked the Illinois Supreme Court to name a judge from outside of Cook County to preside over the trial of a nephew of former Mayor Richard Daley in a 2004 death of David Koschman.

Evans agreed to a request earlier today from Judge Michael Toomin that a judge from outside Cook County preside over the trial of Richard Vanecko because of the appearance of impropriety.

“To permit the appearance of impropriety acknowledged by Judge Toomin to persist would undermine public confidence in the administration of justice,” Evans said in a letter to the state’s highest court.

Toomin took the action after a judge with ties to Daley who had been randomly assigned last week to preside over the involuntary manslaughter charge voluntarily stepped aside today. The special prosecutor then asked that the case against Daley’s nephew, Richard Vanecko, be assigned to a judge outside of Cook County.

Toomin agreed and said he would refer the matter to Cook County Chief Judge Timothy Evans, who could ask the Illinois Supreme Court to decide the issue.

Toomin said he had the utmost respect for judges in Cook County and he believed there were plenty that could be fair and impartial, but he said he felt a judge needed to be brought in from outside the county because of “perceptions that have nonetheless pervaded this case.”

Whatever Cook County judge was selected would be scrutinized not by the soundness of their rulings “but rather by the road taken by that particular judge to get to where he or she is today,” including any political friendships or professional connections, Toomin said.

Vanecko's attorneys strongly objected, telling Toomin that to go outside Cook County for a judge would give the case preferential treatment than it doesn’t need.

Speaking to reporters in the lobby of the Leighton Criminal Court Building, Vanecko’s attorney, Marc Martin, called it "disappointing" that the perception exists that Vanecko can't receive a fair trial from a Cook County judge.

"We are really outraged by the fact that because some newspaper reporters think that Cook County judges can't be fair that this case has to be reassigned," Martin said.

But Martin went on to call the prosecution witnesses in the case “liars” and said, “You can bring a judge from Kalamazoo for all I care.”

The case had been assigned last week to Judge Arthur Hill, but he declined to voluntarily withdraw despite ties to Daley, saying he could be “fair and impartial.” However, Hill reconsidered and withdrew today.

“I am ready and able to handle this case, but in an abundance of caution, I am recusing myself from further proceedings,” Hill said.

After Vanecko entered a not guilty plea last week, Hill told attorneys he was a prosecutor when Daley was Cook County state's attorney, and that Daley later appointed him to the board of the Chicago Transit Authority as mayor.

Hill also rose to the No. 2 post under State's Attorney Dick Devine, a top Daley ally whose office declined to prosecute Vanecko eight years ago.

Though Hill said he believed he could be impartial, he indicated to Vanecko's attorneys and special prosecutor Dan Webb that he would consider stepping aside.

Vanecko, who resides in Costa Mesa, Calif., turned himself in to authorities in Chicago earlier this month and is free on a $100,000 bond.

A special grand jury found that Vanecko, the son of former Mayor Richard M. Daley’s sister Mary, “recklessly performed acts which were likely to cause great bodily harm to another.”

Koschman, 21, of Mount Prospect, had been drinking in the Rush Street nightlife district early on April 24, 2004 when he and his friends quarreled with a group that included Vanecko. During the altercation, Koschman was knocked to the street, hitting the back of his head on the pavement. He died 11 days later.

Police at the time said Koschman was the aggressor and closed the case without charges. In announcing the indictment, Webb, a former U.S. attorney, noted that at 6-foot-3 and 230 pounds, Vanecko towered over Koschman, who was 5-foot-5 and 125 pounds.

Webb said the grand jury is still probing how the original investigation was conducted.

Vanecko's attorneys released a statement denying wrongdoing.
 
If convicted of involuntary manslaughter, Vanecko faces from probation up to 5 years in prison.

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Charlie Brown’s Christmas Reunion Will Ruin Your Childhood

We realize there’s only so much time one can spend in a day watching new trailers, viral video clips, and shaky cell phone footage of people arguing on live television. This is why every day The Atlantic Wire highlights the videos that truly earn your five minutes (or less) of attention. Today:

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Sometimes we don’t get art. Sometimes we really, really, don’t get it: 

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We love A Charlie Brown Christmas. We love Louie. We’re not quite if we love the two mixed together, but we’ll let you know right after we tell kids that Santa doesn’t exist: 

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Meet Basse Andersen of Arendal, Norway. He’s the biggest chicken/scaredy cat in the entire world. And on the bright side, he probably never has any bouts with the hiccups. 

Shifting gears from scaredy cats to actual cats, here’s the latest chapter in the eternal battle between printers and cats:

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Participant Media starts cable network for millenials

NEW YORK (TheWrap.com) – Participant Media, the company behind films including “Lincoln” and “The Help,” is starting a new cable network targeting millenial viewers, with content from Davis Guggenheim and The Jim Henson Company, among others.

It will be led by Evan Shapiro, who joined Participant in May after serving as President of IFC and Sundance Channel.

Participant has bought The Documentary Channel and entered into an agreement to acquire the distribution assets of Halogen TV from The Inspiration Networks. No terms were disclosed.

The combined and rebranded properties are expected to reach more than 40 million subscribers once the yet-to-be-named network launches in the summer.

“The goal of Participant is to tell stories that serve as catalysts for social change. With our television channel, we can bring those stories into the homes of our viewers every day,” said Participant chairman and founder Jeff Skoll.

Those producing content for the new network also include producer Brian Graden, The Jim Henson Company’s Brian Henson, columnist and blogger Meghan McCain, Morgan Spurlock, Gotham Chopra, filmmaker Mary Harron, writer/director Timothy Scott Bogart, and Cineflix Media, a TV producer and distributor in which Participant Media controls an equity interest.

Guggenheim directed the Oscar winning documentary “An Inconvenient Truth” for Participant.

“Our content will be specifically designed for the viewers that the pay TV eco-system is most at risk of losing,” said Shapiro. “We all know that Millennials are changing how media is consumed. However, they also have the strong desire and inimitable capacity to help change the world. Our research shows that there is a whitespace in the television landscape and we believe that a destination for ‘the next greatest generation’ will be a win for our affiliate partners, advertisers and the creative community.”

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A Conversation With S. Matthew Liao: Studying Ethical Questions as We Unlock the Black Box of the Brain

Béatrice de Géa for The New York Times

CAUTION S. Matthew Liao urges advance thinking about new technologies.

In a world of proliferating professions, S. Matthew Liao has a singular title: neuroethicist. Dr. Liao, 40, the director of the bioethics program at New York University, deploys the tools of philosophy, history, psychology, religion and ethics to understand the impact of neuroscientific breakthroughs.

We spoke over four hours in two sessions. A condensed and edited version of the conversations follows.

You’re a philosopher by training. How did philosophy lead to neuroethics?

Mine’s the typical immigrant’s story. My family moved to Cincinnati from Taiwan in the early 1980s. Once here, my siblings gravitated towards the sciences. I was the black sheep. I was in love with the humanities. So I didn’t go to M.I.T. — I went to Princeton, where I got a degree in philosophy. This, of course, worried my parents. They’d never met a philosopher with a job.

Do you have any insight on why scientific careers are so attractive to new Americans?

You don’t need to speak perfect English to do science. And there are job opportunities.

Define neuroethics.

It’s a kind of subspecialty of bioethics. Until very recently, the human mind was a black box. But here we are in the 21st century, and now we have all these new technologies with opportunities to look inside that black box — a little.

With functional magnetic imaging, f.M.R.I., you can get pictures of what the brain is doing during cognition. You see which parts light up during brain activity. Scientists are trying to match those lights with specific behaviors.

At the same time this is moving forward, there are all kinds of drugs being developed and tested to modify behavior and the mind. So the question is: Are these new technologies ethical?

A neuroethicist can look at the downstream implications of these new possibilities. We help map the conflicting arguments, which will, hopefully, lead to more informed decisions. What we want is for citizens and policy makers to be thinking in advance about how new technologies will affect them. As a society, we don’t do enough of that.

Give us an example of a technology that entered our lives without forethought.

The Internet. It has made us more connected to the world’s knowledge. But it’s also reduced our actual human contacts with one another.

So what would be an issue you might look at through a neuroethics lens?

New drugs to alter memory. Right now, the government is quite interested in propranolol. They are testing it on soldiers with post-traumatic stress disorder. The good part is that the drug helps traumatized veterans by removing the bad memories causing them such distress. A neuroethicist must ask, “Is this good for society, to have warriors have their memories wiped out chemically? Will we start getting conscienceless soldiers?”

What do you think?

It is a serious business removing memories, because memories can affect your personal identity. They can impact who you think you are. I’d differentiate between offering such a drug to every distressed soldier and giving it only to certain individuals with a specific need.

Let’s say you have a situation like that in “Sophie’s Choice,” where the memories are so bad that the person is suicidal. Even if the drug causes them to live in falsehood, that would have been preferable to suicide.

But should we give it to every soldier who goes into battle? No! You need memory for a conscience. Doing this routinely might create super-immoral soldiers. As humans we have natural moral reactions to the beings around us — sympathy for other people and animals. When you start to tinker with those neurosystems, we’re not going to react to our fellow humans in the right way anymore. One wonders about the wrong people giving propranolol routinely to genocidal gangs in places like Rwanda or Syria.

Some researchers claim to be near to using f.M.R.I.’s to read thoughts. Is this really happening?

The technology, though still crude, appears to be getting closer. For instance, there’s one research group that asks subjects to watch movies. When they look at the subject’s visual cortex while the subject is watching, they can sort of recreate what they are seeing — or a semblance of it.

Similarly, there’s another experiment where they can tell in advance whether you’re going to push the right or the left button. On the basis of these experiments some people claim they’ll soon be able to read minds. Before we go further with this, I’d like to think more about what it could mean. The technology has the potential to destroy any concept of inner privacy.

What about using f.M.R.I. to replace lie detectors?

The fact is we don’t really know if f.M.R.I.’s will be any more reliable or predictive. Nonetheless, in India, a woman was convicted of poisoning her boyfriend on the basis of f.M.R.I. evidence. The authorities said that based on the pictures of blood flow in her brain, she was lying to them.

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Reyes goes craft with Windy City deal

Independent breweries are still a niche category in the marketplace, but interest in them continues to grow.

Reyes Beverage Group, a division of global food and beer distributor Reyes Holdings of Rosemont, said Sunday it has reached an agreement to purchase Windy City Distribution, a well-regarded distributor of craft beers.

Brothers Jim and Jason Ebel founded Windy City in 1999. The firm operates as a distributor across eight northern Illinois counties for more than 40 craft breweries, such as Tyranena, Lagunitas and Jolly Pumpkin Artisan Ales. The Ebels also are the brewers behind Warrenville-based Two Brothers beer.

The deal, which is expected to close by the end of the year, is yet another sign of the coming-of-age of the craft beer scene, which is now much more part of the mainstream beer industry. In 2012, 442 craft breweries opened, according to the Beer Institute. The Brewers Association, a trade association, said sales of craft brews increased 14 percent in the first half of 2012 and volume jumped 12 percent.

While the beer industry overall has shown limited growth, the explosive interest in craft beer is enticing giants such as Anheuser-Busch, the maker of Budweiser, and MillerCoors, both of which have struggled to enter the craft market on their own. Since acquiring Chicago's Goose Island in 2011, Anheuser-Busch has aggressively expanded that well-known label. Earlier this year, it revealed plans to increase Goose Island's distribution to all 50 states, making it one of the few craft brands with a true national footprint.

Reyes' Chicago Beverage Systems and Windy City will not integrate their operations. Windy City's president, Bob Collins, and his management team will join Reyes. Chicago Beverage Systems distributes Miller, Coors and Heineken brands, among others.

"Windy City Distributing will be a new entity in our network focused solely on the craft beer market," said Ray Guerin, chief operating officer of Reyes Beverage Group. "I look forward to working with Windy City to learn more about servicing the craft beer industry while providing Reyes Beverage Group's expertise to help Windy City expand."

Terms of the transaction were not disclosed. Both companies are privately held.

mmharris@tribune.com

Twitter @chiconfidential

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Gunman's school rampage may have been stopped short

CBS 2's Lou Young reports.

NEWTOWN, Conn.—

The gunman in the Connecticut shooting rampage was carrying an arsenal of hundreds of rounds of especially deadly ammunition — enough to kill just about every student in the school if given enough time, authorities said Sunday, raising the chilling possibility that the bloodbath could have been far worse.

Adam Lanza shot himself in the head just as he heard police drawing near to the classroom where he was slaughtering helpless children, but he had more ammunition at the ready in the form of multiple, high-capacity clips each capable of holding 30 bullets.

The disclosure on Sunday sent shudders throughout this picturesque New England community as grieving families sought to comfort each other during church services devoted to impossible questions like that of a 6-year-old girl who asked her mother: "The little children, are they with the angels?"

With so much grieving left to do, many of Newtown's 27,000 people wondered whether life could ever return to normal. And as the workweek was set to begin, parents weighed whether to send their own children back to school.

Gov. Dannel Malloy said the shooter decided to kill himself when he heard police closing in about 10 minutes into the attack.

"We surmise that it was during the second classroom episode that he heard responders coming and apparently at that decided to take his own life," Malloy said on ABC's "This Week."

Authorities said they found hundreds of unused bullets at the school, which enrolled about 670 students.

"There was a lot of ammo, a lot of clips," said state police Lt. Paul Vance. "Certainly a lot of lives were potentially saved."

The chief medical examiner has said the ammunition was the type designed to break up inside a victim's body and inflict the maximum amount of damage, tearing apart bone and tissue.

By late afternoon, President Barack Obama arrived to console families and speak at a vigil in memory of the 26 teachers and schoolchildren who were killed in the second-deadliest school shooting in U.S. history.

Newtown officials couldn't say whether Sandy Hook Elementary School, would ever reopen.

"We're just now getting ready to talk to our son about who was killed," said Robert Licata, the father of a boy who was at the school during the shooting but escaped harm. "He's not even there yet."

Jim Agostine, superintendent of schools in nearby Monroe, said plans were being made for students from Sandy Hook to attend classes in his town this week.

The road ahead for Newtown was clouded with grief.

"I feel like we have to get back to normal, but I don't know if there is normal anymore," said Kim Camputo, mother of two children, ages 5 and 10, who attend a different school. "I'll definitely be dropping them off and picking them up myself for a while."

Also Sunday, a Connecticut official said the gunman's mother was found dead in her pajamas in bed, shot four times in the head with a .22-caliber rifle. The killer then went to the school with guns he took from his mother, got inside by breaking a window and began blasting his way through the building.

As churches opened their doors, federal agents checked out dozens of gun stores and shooting ranges across Connecticut, chasing leads they hoped would cast light on Lanza's life.

Investigators have offered no motive for the shooting, and police have found no letters or diaries that could shed light on it.

School officials were discussing how to send survivors back to class, but Newtown police Lt. George Sinko said he "would find it very difficult" for students to return to the school.

"We want to keep these kids together," he added. "They need to support each other."

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Be Careful When Downloading Your Twitter Archive

Twitter is rolling out the long-awaited feature of downloading your entire tweet history, it seems, but be careful. You might not like what you find in there. Sometimes we remember our tweets with rose-colored lenses.

RELATED: ‘Human Virus’ Snakes Through Twitter

The Next Web was the first to notice a few users posting about being able to download their tweet history this weekend. Not everyone can do it, though. Twitter is slow-rolling the new feature, so only a limited number of people have access to the option. To check if you’re one of the lucky few, go to your settings page. At the very bottom there should be a new section with a big button offering you the chance to download your archive. Twitter will send you an email with three different compression files of your tweet history after a few minutes. You’ll decompress a .html file and be able to sort through all the dumb stuff you’ve said on Twitter by month and by year. 

RELATED: Twitter Finally Grows Up

The Verge has the best screen shots of what the process looks like. One of their readers even posted a link to his history in the comments of their post. You can check it out here if you’re interested to see what the feature is like. Just don’t judge the poor guy too harshly. 

RELATED: Sexy Piggy Banks, Analogies and Haley Barbour

We don’t have the option to download our archive yet. We checked. And, in case you think you’re clever, we checked to see if you could game the url to get your history by subbing in your username into the Verge commenter’s URL. You can’t, unfortunately. 

RELATED: Arm Wrestling, Strangers and Pricey Prophylactics

Twitter CEO Dick Costello promised the feature would be here by the end of the year, so it seems like he’s just delivering what he promised. You should get it soon, too. 

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‘Hobbit’ bests ‘Rings’ with $84.8 million opening

NEW YORK (AP) — Peter Jackson‘s “The Hobbit” led the box office with a haul of $ 84.8 million, a record-setting opening better than the three previous “Lord of the Rings” films.

The Warner Bros. Middle Earth epic was the biggest December opening ever, surpassing Will Smith’s “I Am Legend,” which opened with $ 77.2 million in 2007, according to studio estimates Sunday. “The Hobbit: An Unexpected Journey” also passed the December opening of “Avatar,” which opened with $ 77 million. Internationally, “The Hobbit” also added $ 138.2 million, for an impressive global debut of $ 223 million.

Despite weak reviews, the 3-D adaptation of J. R. R. Tolkien‘s first novel in the fantasy series was an even bigger draw than the last “Lord of the Rings” movie, “The Return of the King.” That film opened with $ 72.6 million. “The Hobbit” is the first of another planned trilogy, with two more films to be squeezed out of Tolkien’s book.

While Jackson’s “Rings” movies drew many accolades — “The Return of the King” won best picture from the Academy Awards — the path for “The Hobbit” has been rockier. It received no Golden Globes nominations on Thursday, though all three “Rings” films were nominated by the Hollywood Foreign Press Association for best picture.

Particularly criticized has been the film’s 48-frames-per-second (double the usual rate), a hyper-detailed look that some have found jarring. Most moviegoers didn’t see “The Hobbit” in that version, though, as the new technology was rolled out in only 461 of the 4,045 theaters playing the film.

Regardless of any misgivings over “The Hobbit,” the film was a hit with audiences. They graded the film with an “A” CinemaScore.

“What’s really important, what makes this special is the CinemaScore,” said Dan Fellman, president of domestic distribution for Warner Bros. “All these things point to a great word of mouth. We haven’t even made it to the Christmas holidays yet. Kids are still in school this week.”

The strong opening culminated a long journey for “The Hobbit,” which was initially delayed when a lawsuit dragged on between Jackson and “Rings” producer New Line Cinema over merchandizing revenue. At one point, Guillermo del Toro was to direct the film with Jackson producing. But eventually the filmmaker opted to direct the movie himself, originally envisioning two “Hobbit” films. The production also went through the bankruptcy of distribution partner MGM and a labor dispute in New Zealand, where the film was shot.

The long delay for “The Hobbit,” nearly a decade after the last “Lord of the Rings” film, made it “one of those movies that had everyone scratching their heads as to how it would open,” said Paul Dergarabedian, an analyst for box-office tracker Hollywood.com.

“It’s been a decade since the ‘Lord of the Rings‘ trilogy concluded,” said Dergarabedian. “There’s been so much anticipation for this film and having Peter Jackson back at the helm just made it irresistible both to fans and the non-initiated alike.”

“The Hobbit” was far and away the biggest draw in theaters, with no other new wide release. Paramount’s “Rise of the Guardians” continued to draw the family crowd, with $ 7.4 million, bringing its cumulative total to $ 71.4 million. The Oscar contender “Lincoln” from Walt Disney crossed the $ 100 million mark, adding another $ 7.2 million to bring its six-week total to $ 107.9 million. And Sony‘s James Bond film “Skyfall,” with another $ 7 million domestically, drew closer to a global take of $ 1 billion.

The box office continued to be on the upswing and with anticipated releases like “Les Miserables,” ”Django Unchained” and “The Guilt Trip” approaching in the holiday moviegoing season. Dergarabedian expects the year to break the 2009 record of $ 10.6 billion. With some $ 10.2 billion in revenue thus far, he said, “We’re on track to be in that realm.”

Estimated ticket sales for Friday through Sunday at U.S. and Canadian theaters, according to Hollywood.com. Where available, latest international numbers are also included. Final domestic figures will be released Monday.

1. “The Hobbit: An Unexpected Journey,” $ 84.8 million ($ 138.2 million international).

2. “Rise of the Guardians,” $ 7.4 million ($ 20.1 million international).

3. “Lincoln,” $ 7.2 million.

4. “Skyfall,” $ 7 million ($ 12.2 million international).

5. “Life of Pi,” $ 5.4 million ($ 11.5 million international).

6. “The Twilight Saga: Breaking Dawn, Part 2,” $ 5.2 million ($ 13 million international).

7. “Wreck-It Ralph,” $ 3.3million ($ 4.7 million international).

8. “Playing for Keeps,” $ 3.2 million ($ 1.4 million international).

9. “Red Dawn,” $ 2.4 million.

10. “Silver Linings Playbook,” $ 2 million ($ 370,000 international).

___

Estimated weekend ticket sales at international theaters (excluding the U.S. and Canada) for films distributed overseas by Hollywood studios, according to Rentrak:

1. “The Hobbit: An Unexpected Journey,” $ 138.2 million.

2. “Rise of the Guardians,” $ 20. 1 million.

3. “The Twilight Saga: Breaking Dawn, Part 2,” $ 13 million.

4. “Skyfall,” $ 12.2 million.

5. “Life of Pi,” $ 11.5 million.

6. “Wreck-It Ralph,” $ 4.7 million.

7. “26 Years,” $ 3.5 million.

8. “Whatcha Wearin’? (My P.S. Partner),” $ 3 million.

9. “Tutto Tutto Niente Niente,” $ 2.4 million.

10. “Pitch Perfect,” $ 2.3 million.

___

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

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Mislabeled Foods Find Their Way to Diners’ Tables

ATLANTA — The menu offered fried catfish. But Freddie Washington, a pastor in Tuscaloosa, Ala., who sometimes eats out five nights a week and was raised on Gulf Coast seafood, was served tilapia.

Dustin Chambers for The New York Times

Consumers are misled most frequently when they buy fish, investigators say, because diners have such limited knowledge about seafood. 

It was a culinary bait and switch. Mr. Washington complained. The restaurant had run out of catfish, the manager explained, and the pastor left the restaurant with a free dinner, an apology and a couple of gift certificates.

“If I’m paying for a menu item,” Mr. Washington said, “I’m expecting that menu item to be placed before me.”

The subject of deceptive restaurant menus took on new life last week when Oceana, an international organization dedicated to ocean conservation, released a report with the headline “Widespread Seafood Fraud Found in New York City.”

Using genetic testing, the group found tilapia and tilefish posing as red snapper. Farmed salmon was sold as wild. Escolar, which can also legally be called oil fish, was disguised as white tuna, which is an unofficial nickname for albacore tuna.

Every one of 16 sushi bars investigated sold the researchers mislabeled fish. In all, 39 percent of the seafood from 81 grocery stores and restaurants was not what the establishment claimed it was.

“This thing with fish is age old, it’s been going on forever,” said Anne Quatrano, an Atlanta chef who opened Bacchanalia 20 years ago and kick-started the city’s sustainable food movement. “Unless you buy whole fish, you can’t always know what you’re getting from a supplier.”

Swapping one ingredient for a less expensive one extends beyond fish and is not always the fault of the person who sells food to the restaurant. Many a pork cutlet has headed to a table disguised as veal, and many an organic salad is not.

The term organic is regulated by the Department of Agriculture, but many other identifying words on a menu are essentially marketing terms. Unscrupulous chefs can falsely claim that a steak is Kobe beef or say a chicken was humanely treated without penalty.

In cases of blatant mislabeling, a chef or supplier often takes the bet that a local or federal agency charged with stopping deceptive practices is not likely to walk in the door. “This has been going on for as long as I’ve been cooking,” said Tom Colicchio, a New York chef and television personality. “When you start really getting into this stuff, there’s so many things people mislabel.”

At Mr. Colicchio’s New York restaurants, all but about 5 percent of the meat he serves is from animals raised without antibiotics, he said. It costs him about 30 percent more, so he charges more. “Yet I have a restaurant down the street that says they have organic chicken when they don’t, and they charge less money for it,” he said. “It’s all part of mislabeling and duping the public.”

Consumers are misled most frequently when they buy fish, investigators say, because there are so many fish in the sea and such limited knowledge among diners. The Food and Drug Administration lists 519 acceptable market names for fish, but more than 1,700 species are sold, said Morgan Liscinsky, a spokesman with the agency.

Marketing thousands of species in the ocean to a dining public who often has to be coaxed to move beyond the top five — shrimp, tuna, salmon, pollock and tilapia — is not an exact science.

The line between marketing something like Patagonian toothfish as Chilean sea bass or serving langostino and calling it lobster is a fine one.

Robert DeMasco, who owns Pierless Fish, a wholesaler in New York, used a profanity to describe someone who buys farm-raised fish and sells it as wild. “But on some of this, they’re splitting hairs,” he said.

In 2005, a customer sued Rubio’s, a West Coast taco chain, for misleading the public by selling a langostino lobster burrito. The FDA ruled that practice acceptable, which allowed chains like Long John Silver’s and Red Lobster to sell the crustacean called langostino and legally attach the word lobster to it. Maine lobstermen and lawmakers fought the decision unsuccessfully.

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