Judge grants Miley Cyrus civil restraining order

LOS ANGELES (AP) — A judge has granted Miley Cyrus a three-year civil restraining order against a man convicted of trespassing at her home in Los Angeles.

The stay-away order was granted Friday against Jason Luis Rivera by Superior Court Judge William D. Stewart.

The 40-year-old Rivera was convicted in October of trespassing at the singer's home and sentenced to 18 months in jail.

He is scheduled to be released in May. Authorities said at the time of Rivera's arrest in September that he was carrying scissors and ran into the wall of Cyrus' home as if trying to break in.

Rivera did not respond to Cyrus' petition.

The 20-year-old former star of "Hannah Montana" did not attend the hearing. Her attorney Bryan Sullivan declined comment.

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Personal Health: Quitting Smoking for Good

Few smokers would claim that it’s easy to quit. The addiction to nicotine is strong and repeatedly reinforced by circumstances that prompt smokers to light up.

Yet the millions who have successfully quit are proof that a smoke-free life is achievable, even by those who have been regular, even heavy, smokers for decades.

Today, 19 percent of American adults smoke, down from more than 42 percent half a century ago, when Luther Terry, the United States surgeon general, formed a committee to produce the first official report on the health effects of smoking. Ever-increasing restrictions on where people can smoke have helped to swell the ranks of former smokers.

Now, however, as we approach the American Cancer Society’s 37th Great American Smokeout on Thursday, the decline in adult smoking has stalled despite the economic downturn and the soaring price of cigarettes.

Currently, 45 million Americans are regular smokers who, if they remain smokers, can on average expect to live 10 fewer years. Half will die of a tobacco-related disease, and many others will suffer for years with smoking-caused illness. Smoking adds $96 billion to the annual cost of medical care in this country, Dr. Nancy A. Rigotti wrote in The Journal of the American Medical Association last month. Even as some adult smokers quit, their ranks are being swelled by the 800,000 teenagers who become regular smokers each year and by young adults who, through advertising and giveaways, are now the prime targets of the tobacco industry.

People ages 18 to 25 now have the nation’s highest smoking rate: about 34 percent counted in the National Survey on Drug Use and Health in 2010 reported smoking cigarettes in the previous month. I had to hold my breath the other day as dozens of 20-somethings streamed out of art gallery openings and lighted up. Do they not know how easy it is to get hooked on nicotine and how challenging it can be to escape this addiction?

Challenging, yes, but by no means impossible. On the Web you can download a “Guide to Quitting Smoking,” with detailed descriptions of all the tools and tips to help you become an ex-smoker once and for all.

Or consult the new book by Dr. Richard Brunswick, a retired family physician in Northampton, Mass., who says he’s helped hundreds of people escape the clutches of nicotine and smoking. (The printable parts of the book’s provocative title are “Can’t Quit? You Can Stop Smoking.”)

“There is no magic pill or formula for beating back nicotine addiction,” Dr. Brunswick said. “However, with a better understanding of why you smoke and the different tools you can use to control the urge to light up, you can stop being a slave to your cigarettes.”

Addiction and Withdrawal

Nicotine beats a direct path to the brain, where it provides both relaxation and a small energy boost. But few smokers realize that the stress and lethargy they are trying to relieve are a result of nicotine withdrawal, not some underlying distress. Break the addiction, and the ill feelings are likely to dissipate.

Physical withdrawal from nicotine is short-lived. Four days without it and the worst is over, with remaining symptoms gone within a month, Dr. Brunswick said. But emotional and circumstantial tugs to smoke can last much longer.

Depending on when and why you smoke, cues can include needing a break from work, having to focus on a challenging task, drinking coffee or alcohol, being with other people who smoke or in places you associate with smoking, finishing a meal or sexual activity, and feeling depressed or upset.

To break such links, you must first identify them and then replace them with other activities, like taking a walk, chewing sugar-free gum or taking deep breaths. These can help you control cravings until the urge passes.

If you’ve failed at quitting before, try to identify what went wrong and do things differently this time, Dr. Brunswick suggests. Most smokers need several attempts before they can become permanent ex-smokers.

Perhaps most important is to be sure you are serious about quitting; if not, wait until you are. Motivation is half the battle. Also, should you slip and have a cigarette after days or weeks of not smoking, don’t assume you’ve failed and give up. Just go right back to not smoking.

Aids for Quitting

Many if not most smokers need two kinds of assistance to become lasting ex-smokers: psychological support and medicinal aids. Only about 4 percent to 7 percent of people are able to quit smoking on any given attempt without help, the cancer society says.

All 50 states and the District of Columbia have free telephone-based support programs that connect would-be quitters to trained counselors. Together, you can plan a stop-smoking method that suits your smoking pattern and helps you avoid common pitfalls.

Online support groups and Nicotine Anonymous can help as well. To find a group, ask a local hospital or call the cancer society at (800) 227-2345. Consider telling relatives and friends about your intention to quit, and plan to spend time in smoke-free settings.

More than a dozen treatments can help you break the physical addiction to tobacco. Most popular is nicotine replacement therapy, sold both with and without a prescription. The Food and Drug Administration has approved five types: nicotine patches of varying strengths, gums, sprays, inhalers and lozenges that can curb withdrawal symptoms and help you gradually reduce your dependence on nicotine.

Two prescription drugs are also effective: an extended-release form of the antidepressant bupropion (Zyban or Wellbutrin), which reduces nicotine cravings, and varenicline (Chantix), which blocks nicotine receptors in the brain, reducing both the pleasurable effects of smoking and the symptoms of nicotine withdrawal. Combining a nicotine replacement with one of these drugs is often more effective than either approach alone.

Other suggested techniques, like hypnosis and acupuncture, have helped some people quit but lack strong proof of their effectiveness. Tobacco lozenges and pouches and nicotine lollipops and lip balms lack evidence as quitting aids, and no clinical trials have been published showing that electronic cigarettes can help people quit.

The cancer society suggests picking a “quit day”; ridding your home, car and workplace of smoking paraphernalia; choosing a stop-smoking plan, and stocking up on whatever aids you may need.

On the chosen day, keep active; drink lots of water and juices; use a nicotine replacement; change your routine if possible; and avoid alcohol, situations you associate with smoking and people who are smoking.


This post has been revised to reflect the following correction:

Correction: November 16, 2012

An earlier version of this column stated imprecisely the rate of smoking among young adults. According to the National Survey on Drug Use and Health, in 2010 about 34 percent of people ages 18 to 25 smoked cigarettes in the month before the survey -- not daily. (About 16 percent of them reported smoking daily, according to the survey.)

This post has been revised to reflect the following correction:

Correction: November 14, 2012

An earlier version of this column misstated the rate of smoking among young adults. According to the National Survey on Drug Use and Health, in 2010 about 34 percent of people ages 18 to 25 smoked cigarettes, not 40 percent. (That is the share of young adults who use tobacco products of any kind, according to the survey.)

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Stocks turn higher as budget talks move forward








Stocks are closing higher on Wall Street, erasing an early loss, after Congressional leaders reported progress in talks with President Barack Obama about cutting the U.S. government's budget deficit.

The Dow Jones industrial average finished up 46 points at 12,588 Friday. The Standard & Poor's 500 index rose seven to end at 1,360 and the Nasdaq composite rose 16 to 2,853.


Quiz: The week in business



The market started lower Friday but spiked higher shortly before midday as the top members of the House and Senate spoke at the White House following a closed-door session with Obama.

The Dow is still down for the week, its fourth straight weekly loss.

Three stocks rose for every one that fell on the New York Stock Exchange. Volume was slightly heavier than usual at 4 billion shares.







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BP fined, charged in oil spill that showed 'profit over prudence'




























































































BP will pay a record U.S. fine to settle criminal claims arising from the 2010 Deepwater Horizon oil spill in the Gulf of Mexico, a Department of Justice official said Thursday.
























































Oil giant BP and three of its employees were indicted on criminal charges including manslaughter and obstruction of Congress on top of a record $4-billion fine that the company will pay the government for its role in the oil spill disaster that scarred the Gulf of Mexico, officials announced Thursday.

Led by Atty. Gen. Eric H. Holder Jr., officials announced the indictments in a televised news conference from New Orleans, where the grand jury has been investigating the 2010 explosion of the Deepwater Horizon oil rig off the Louisiana coast. Eleven people died in the explosion.

The announcement of the charges against BP employees came on the same day officials announced that BP had agreed to an unprecedented settlement involving a guilty plea to criminal charges.



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  • Hi-res photos: Gulf oil spill




    Hi-res photos: Gulf oil spill







































  • Drill rigs wind up operations in Arctic Alaska seas




    Drill rigs wind up operations in Arctic Alaska seas







































  • BP guilty of criminal misconduct, negligence in gulf oil spill




    BP guilty of criminal misconduct, negligence in gulf oil spill




















  • “The $4 billion in penalties and fines is the single largest criminal resolution in the history of the United States and constitutes a major achievement toward fulfilling a promise that the Justice Department made nearly two years ago to respond to the consequences of this epic environmental disaster and seek justice on behalf of its victims,” Holder said.

     PHOTOS: Deepwater Horizon disaster in hi-res

    In addition, BP agreed to pay more than $525 million in civil penalties to satisfy complaints by the Securities and Exchange Commission. That brings the total settlement cost to more than $4.5 billion – not including the billions the company has already paid to settle civil claims from residents, fishermen and businesses harmed by the spill.

    The settlement of the criminal charges by the company still leaves BP open to civil cases, officials said. The federal government is also seeking civil penalties in the billions of dollars against the company, arguing that BP was grossly negligent during the oil spill, which poured about 4 million barrels of oil from the underwater Macondo well into the gulf waters. A trial is scheduled in February and BP, in a statement released Thursday, said it will continue to vigorously defend itself from civil actions.

    Federal officials blamed BP’s culture of profit for the spill.

    “The explosion of the rig was a disaster that resulted from BP’s culture of privileging profit over prudence,” said Assistant Atty. Gen. Lanny A. Breuer at the news conference. “We hope that BP's acknowledgment of its misconduct – through its agreement to plead guilty to 11 counts of felony manslaughter – brings some measure of justice to the family members of the people who died on board the rig.”

    In all, the company said it agreed to enter guilty pleas to 14 charges, including the eleven counts of manslaughter. But the government went further, charging individuals as well.

    “Make no mistake,” Breuer said. “While the company is guilty, individuals committed these crimes.”

    Two BP employees, Robert Kaluza and Donald Vidrine, who were described by Holder as the two highest-ranking BP supervisors on board the Deepwater Horizon when it exploded, were charged with manslaughter and other counts.

    The 23-count indictment “charges these two BP well site leaders with negligence, and gross-negligence, on the evening of April 20, 2010. In the face of glaring red flags indicating that the well was not secure, both men allegedly failed to take appropriate action to prevent the blowout,” Breuer said.

    David Rainey, who was BP's vice president of exploration for the Gulf of Mexico, was indicted on charges of obstruction of Congress and false statements, Holder said. Rainey, a former BP executive, served as a deputy incident commander and BP’s second-highest ranking representative at Unified Command during the spill response, Holder said.

    Rainey, Breuer said, is charged with “obstructing a congressional investigation and making false statements to law enforcement officials. The indictment alleges that Rainey, on behalf of BP, intentionally underestimated the amount of oil flowing" from the Macondo well, which was spilling oil into the gulf. “Rainey allegedly cherry-picked pages from documents, withheld other documents altogether and lied to Congress and others in order to make the spill appear less catastrophic than it was,” Breuer said.

    Rainey's lawyer told the Associated Press that his client did “absolutely nothing wrong.” And attorneys for the two rig workers accused the Justice Department of making scapegoats out of them.

    “Bob was not an executive or high-level BP official. He was a dedicated rig worker who mourns his fallen co-workers every day,” Kaluza attorneys Shaun Clarke and David Gerger said in a statement. “No one should take any satisfaction in this indictment of an innocent man. This is not justice.”

    Chris Jones, the brother of one of the rig workers killed in the disaster, said the settlement renewed his grief and anger over the loss of his younger sibling, Gordon.

    “The fact that BP is finally admitting that it is responsible is not shocking; the amount of money it is paying in fines is not shocking,” said Jones, a litigation attorney in Baton Rouge, La. “What is shocking is that it has been ... years since this happened and not once has a representative of BP said to us, ‘I’m sorry for your loss.’ It’s par for the course.”

    “BP is simply going to sign a check for billions of dollars, then continue to do business in U.S. waters and make money for its shareholders,” he said. “But Gordon wasn’t able to live a day after April 2010.”

    British oil giant BP is more than prepared for the $4.5 billion in settlement charges it agreed to Thursday, analysts said.

    In the third quarter alone, BP raked in sales of more than $93 billion and had a net profit of more than $5.2 billion. That result showed that “BP has made the most remarkable comeback from the most costly industrial accident in history,” said Fadel Gheit, senior energy analyst at Oppenheimer and Co., in a note to investors.





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    DA: Heroin charge dropped vs. Bon Jovi's daughter

    CLINTON, N.Y. (AP) — A central New York prosecutor says drug charges against Jon Bon Jovi's 19-year-old daughter have been dropped.

    Stephanie Bongiovi was found unresponsive by medics after she apparently overdosed on heroin in a Hamilton College dorm early Wednesday.

    Town of Kirkland police charged Bongiovi, of Red Bank, N.J., and another student with possession of a small amount of heroin and marijuana.

    Oneida County District Attorney Scott McNamara said Thursday he was dismissing the charges against both students. Under state law, someone having a drug overdose or seeking help for an overdose victim can't be prosecuted for having a small amount of heroin or any amount of marijuana.

    Bon Jovi is scheduled to perform a concert to benefit Hamilton on Dec. 5. He has not commented on his daughter.

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    I Was Misinformed: The Time She Tried Viagra





    I have noticed, in the bragging-rights department, that “he doesn’t need Viagra” has become the female equivalent of the male “and, I swear, she’s a real blonde.” Personally, I do not care a bit. To me, anything that keeps you happy and in the game is a good thing.




    But then, I am proud to say, I was among the early, and from what I gather, rare female users.


    It happened when the drug was introduced around 1998. I was 50, but after chemotherapy for breast cancer — and later, advanced ovarian cancer — I was, hormonally speaking, pretty much running on fumes. Whether this had diminished my sex drive I did not yet know. One may have Zorba-esque impulses when a cancer diagnosis first comes in; but a treatment that leaves you bald, moon-faced and exhausted knocks that out of your system pretty fast.


    But by 1998, the cancer was gone, my hair was back and I was ready to get back in the game. I was talking to an endocrinologist when I brought up Viagra. This was not to deal with the age-related physical changes I knew it would not address, it was more along the feminist lines of equal pay for equal work: if men have this new sex drug, I want this new sex drug.


    “I know it’s supposed to work by increasing blood flow,” I told the doctor, “But if that’s true for men, shouldn’t it be true for women, too?”


    “You’re the third woman who asked me that this week,” he said.


    He wrote me a prescription. I was not seeing anyone, so I understood that I would have to do both parts myself, but that was fine. I have a low drug threshold and figured it might be best the first time to fly solo. My memory of the directions are hazy: I think there was a warning that one might have a facial flush or headaches or drop dead of a heart attack; that you were to take a pill at least an hour before you planned to get lucky, and, as zero hour approached, you were supposed to help things along by thinking beautiful thoughts, kind of like Peter Pan teaching Wendy and the boys how to fly.


    But you know how it is: It’s hard to think beautiful thoughts when you’re wondering, “Is it happening? Do I feel anything? Woof, woof? Hello, sailor? Naaah.”


    After about an hour, however, I was aware of a dramatic change. I had developed a red flush on my face; I was a hot tomato, though not the kind I had planned. I had also developed a horrible headache. The sex pill had turned into a bad joke: Not now, honey, I have a headache.


    I put a cold cloth on my head and went to sleep. But here’s where it got good: When I slept, I dreamed; one of those extraordinary, sensual, swimming in silk sort of things. I woke up dazed and glowing with just one thought: I gotta get this baby out on the highway and see what it can do.


    A few months later I am fixed up with a guy, and after a time he is, under the Seinfeldian definition of human relations (Saturday night date assumed) my official boyfriend. He is middle aged, in good health. How to describe our romantic life with the delicacy a family publication requires? Perhaps a line from “Veronika, der Lenz ist da” (“Veronica, Spring Is Here”), a song popularized by the German group the Comedian Harmonists: “Veronika, der Spargel Wächst” (“Veronica, the asparagus are blooming”). On the other hand, sometimes not. And so, one day, I put it out there in the manner of sport:


    “Want to drop some Viagra?” I say.


    Here we go again, falling into what I am beginning to think is an inevitable pattern: lying there like a lox, or two loxes, waiting for the train to pull into the station. (Yes, I know it’s a mixed metaphor, but at least I didn’t bring in the asparagus.) So there we are, waiting. And then, suddenly, spring comes to Suffolk County. It’s such a presence. I’m wondering if I should ask it if it hit traffic on the L.I.E. We sit there staring.


    My reaction is less impressive. I don’t get a headache this time. And romantically, things are more so, but not so much that I feel compelled to try the little blue pills again.


    Onward roll the years. I have a new man in my life, who is 63. He does have health problems, for which his doctor prescribes an E.D. drug. I no longer have any interest in them. My curiosity has been satisfied. Plus I am deeply in love, an aphrodisiac yet to be encapsulated in pharmaceuticals.


    We take a vacation in mountain Mexico. We pop into a drugstore to pick up sunscreen and spot the whole gang, Cialis, Viagra, Levitra, on a shelf at the checkout counter. No prescription needed in Mexico, the clerk says. We buy all three drugs and return to the hotel. I try some, he tries some. In retrospect, given the altitude and his health, we are lucky we did not kill him. I came across an old photo the other day. He is on the bed, the drugs in their boxes lined up a in a semi-circle around him. He looks a bit dazed and his nose is red.


    Looking at the picture, I wonder if he had a cold.


    Then I remember: the flush, the damn flush. If I had kids, I suppose I would have to lie about it.



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    BP's Deepwater settlement considered chump change by critics









    British oil giant BP is more than prepared for the $4.5 billion in settlement charges it agreed to Thursday, analysts said.

    BP agreed to plead guilty to 11 felony counts of misconduct or neglect of ships officers directly related to the 2010 Deepwater Horizon explosion in the Gulf of Mexico that killed 11 workers.

    BP also agreed to one misdemeanor count under the Clean Water Act; one misdemeanor count under the Migratory Bird Treaty Act; and one felony count of obstruction of Congress. The deal requires U.S. federal court approval.





    In the third quarter alone, BP raked in sales of more than $93 billion and had a net profit of more than $5.2 billion. That was a result that showed that “BP has made the most remarkable comeback from the most costly industrial accident in history,” said Fadel Gheit, senior energy analyst at Oppenheimer and Co., in a note to investors.

    BP’s recent business performance has been so strong that some critics say the fine isn’t punishment enough.

    “This settlement is pathetic,” said Tyson Slocum, director of the energy program at Public Citizen, a consumer advocacy group. “The point of the criminal justice system is twofold: to punish and to deter. This does neither. It is a weak-tea punishment that provides zero deterrence to BP or other companies.”

    What remains unclear is how the settlement will affect BP’s business in the U.S., particularly in the Gulf of Mexico, where BP remains active. The company has seven rigs drilling in the Gulf and has plans to add an eighth and possibly a ninth next year, Gheit said.

    BP faces five years of probation and will undergo scrutiny by two appointed monitors.

    In a statement, BP appeared to acknowledge the uncertainty: “Under U.S. law, companies convicted of certain criminal acts can be debarred from contracting with the federal government."

    BP added that it has "not been advised of the intention of any federal agency to suspend or debar the company in connection with this plea agreement. BP will continue to work cooperatively with the debarment authority.”

    ALSO:

    Quiz: Why are California gas prices so high?

    Quiz: How much do you know about the fiscal cliff?

    Google+ Hangout: U.S. to become world's biggest oil producer





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    Obama pressures House Republicans to pass tax breaks









    WASHINGTON -- President Obama used his post-election news conference to pressure House Republicans to extend expiring tax rates for middle-class Americans – avoiding massive tax hikes in the New Year that he said could put a damper on the holiday shopping season.

    Halting class tax hikes for 98% of Americans would ease the threat of the coming "fiscal cliff" – the year-end confluence of automatic tax hikes and spending cuts that Washington is now desperately trying to stop.

    “We could get that done by next week,” Obama said.








    Obama warned Republicans not to hold the middle-class tax cuts “hostage” as the debate continues over taxes for upper-income Americans. If both sides resist compromise, he said, “we can all imagine a scenario when we go off the fiscal cliff.”

    Congressional Republicans have dismissed the president’s approach as incremental as they press for a comprehensive bill that would keep tax rates low -- or lower -- for all Americans, including those who earn incomes above $200,000, or $250,000 for couples, who Obama has said should pay more.

    House Speaker John A. Boehner (R-Ohio) has made an opening offer that would extend all of the expiring tax rates for another year while Congress and the White House work on a broader overhaul of the tax code, with the goal of closing loopholes and using the revenue to lower all tax rates.

    The White House has been cool to Boehner’s offer even as the president said Wednesday he remains open to new ideas.

    “I don’t expect the Republicans to simply adopt my budget,” the president said. “When it comes to the top 2%, what I’m not going to do is extend further a tax cut for folks who don’t need it.”

    Obama has invited congressional leaders to the White House on Friday to begin talks on the looming budget battle.

    One idea circulating is to maintain the existing tax rates, as Republicans prefer, but capping deductions for upper-income households as a way to produce more revenue.

    As talks begin, the White House appears to have begun a strategy that aims to isolate House Republicans as standing in the way of the tax break for the middle class. The Senate has already passed a bill that would extend the tax rates for the middle class. Without action, tax rates would rise on most Americans on Jan. 1, a tax hike that would ripple through the economy.

    At the same time, massive spending cuts are scheduled to begin – the result of a previous deficit-reduction bill that both sides had previously agreed to, but now want to amend. Halting those cuts are also part of the talks.

    Economists say the combined fiscal contraction of tax hikes and spending cuts could send the economy into another recession.

    Follow Politics Now on Twitter and Facebook

    lisa.mascaro@latimes.com

    twitter.com/LisaMascaroinDC





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    Judge tosses anti-paparazzi counts in Bieber case

    LOS ANGELES (AP) — A law aimed at combating reckless driving by paparazzi is overly broad and should not be used against the first photographer charged under its provisions, a judge ruled Wednesday.

    Superior Court Judge Thomas Rubinson dismissed counts filed under the law against Paul Raef, who was charged in July with being involved in a high-speed pursuit of Justin Bieber.

    The judge cited numerous problems with the 2010 law, saying it was aimed at First Amendment newsgathering activities, and lawmakers should have simply increased the penalties for reckless driving rather than targeting celebrity photographers.

    Attorneys for Raef argued the law was unconstitutional and was meant merely to protect celebrities while punishing people who gather news.

    "This discrimination sets a dangerous precedent," attorney Brad Kaiserman said.

    Prosecutors argued that the law, which seeks to punish those who drive dangerously in pursuit of photos for commercial gain, didn't merely apply to the media but could apply to people in other professions.

    Rubinson cited hypothetical examples in which wedding photographers or even photographers rushing to a portrait shoot with a celebrity could face additional penalties if charged under the new statute.

    Raef still faces traditional reckless driving counts.

    Prosecutors allege he chased Bieber at more than 80 mph and forced other motorists to avoid collisions while Raef tried to get shots of the teen heartthrob on a Los Angeles freeway in July.

    Raef has not yet entered a plea in the case.

    ___

    Anthony McCartney can be reached at http://twitter.com/mccartneyAP

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    Well: How Many Calories Do We Really Eat at Thanksgiving?

    A reader writing in to The Times’s Thanksgiving Help Line asked this question: “What is the average number of calories a person consumes at Thanksgiving dinner?”

    The commonly cited statistic is that the average American will consume more than 4,500 calories on Thanksgiving Day alone. That’s according to the Calorie Control Council, which represents the people who bring you diet foods. After thinking about how much 4,500 calories really is, I was skeptical of the claim. I decided to create a gluttonous virtual Thanksgiving feast of traditional foods and count the calories along the way (with the help of several online calorie counters).

    To read the rest of my answer (which includes sweet potato casserole with marshmallows and buttery rolls), go to the Thanksgiving Help Line.

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