do own it. >> tracy. >>veryone says obamacare is the new way to hook up. are you kidding? it's a turn o not a turn on. >> putng label soda, good for the soda, up 30% in the 84. >> neil. go! . >> no clowning around, this clown could be the new marlbo man, hi, everyone, i'm neil cavuto. and the food police are launching a supersizeig mac attack, lawyers making new food into the big tobacco. their pitch, go after big fod because it's making people fat. go after some fat greens to pay for obesity-related health care costs. we are talking pentially hundreds of billions served, not fries, dollars. ey say this is a littleoo ch to stomach. we are joined, glad to have you back, ben stein david pittsburgh dual, charles payne.

>> what i make of, you have so nyhings at work here. the main thing iakef it is what has been clear over the last five years. redistribution of accountability. nothing is 94 fault. nothing is the person's fault in e marriage. you lost your job lou fall of your n. everything is no fault of your own including eating yourself into a diabetic coma. that's what i make of. accountability, redistribution of wealth because the bottom line is we will have welfare cotry. a wfare nation, you got to fund it. and this particular government is digging deep into the pockets of corporate america. >>ou seem upset. >> i am upset. this is ridiculous. >> this is nothing but a money grab. it will not keep people in the future from eating at these restaurants, getting fat and incuring higher raelted health care costs. how do you differentiate between the company? yowill go after mcdonald's,

buffal wild wings and cold stone creamery, you literal have to go after almost every company that manufactures food or serves food in this nation. ere do we draw the line? people will get fat on tris kets, i can do tha if i eat enough boxes of them. >> i do seeour point. >> i h a proteinhake with fruit for breakfast today. i wanted you to know as i comment on this. >> absolutely horrible. >> i feel good, energized. >> the kale. >> people should eat like that. here's t bottom line. >> i'm happy i'm sittgext to you. >> you might have to leave. anyways, before the tobacco settlement, who didn't know cigarettes are bad for them? there is a degree of this that's

so ab sumpl i wasn't in favor of them hitting tobacco companies up. i knew when i was a kid in the 1970s, cigarettes are bad for you, after 1960 knew it was bad fo you. that settlement wa wrong, this settlement i more insane. >>en stein, we know one thin with the tobacco industry going to the fast food industry is they did knowingly lie about the addictive effect he put into the cigarettes. the jury is out whether fast foods have done the same. unless they have been filling it with freon, this case goes nowhere or does it? >> first of all, back up, i don't think theyave been lying about tobaccofor a very long time. what got them to th was, well, that was a long time before the settlement. but nobody makes a whopper. this is aan attack on freedom.

this has little to do with a health issue. it's a way one for lawyers to make money and pure money grabbing. why not? that's what people do in america and evywhere. it takes away more freedom. by the way, why stop with food? why not say big cars are dangerous? why not say cell phones are dangerous. they give you brain cancer. there is no end, once you start down this road. for the trial lawyer's money the government control. >> i think this whole freedom conversation you all are having is a dangerous one. the reason yu knew sking was dangerous was the surgeon general told y so. >> i'm not finished. >> what year? >> this is not something. >> deal with it. >> talk about it in histy. >> this was not something. it was before you were a child. >> of course. >> nobody nigh smoking was bad

for them? >> my other point, neil,charles says this has been gog on the last five years. he wants to equate that with the obamaed a men straegs get that. these things have been going on long before the obama administration. number two, this is a bunch of lawyers. i think i's a bad ide >> ben stein is a lawyer. so you are lumping. i have been i practice for a very long time. >> i think charlespayne hit on the big picture issue going on here, first, responsible. it not a political statement. it's not an anti-oma statement. it's just now if you have a problem, it's not your fault. >> we keep haring more and e news the common thread is t that somehow a person is a victim. >> right. >> people with the minimum wage

debate. how does someone get into a position to be an adult and have skills to ha minimum wage. what do they do to hurt themselves? >>bravo, bravo. >> this is a political -- >> wait a sec, adam. >> he continues to say stuff li like. this is a political story. the trial bar, these are not like regular old lawyers. these are one of the biggest activist groups in the democratic party. they have be doing this in the securities area. >> they are hitting up the states that have these great big deficits courtesy of escalating medicare costs saying we have found e solution. >> there is, right, this is moy for the pockets of e state because of the higher health care costs and the health care costs are going up bause

of a history of related disses and heart disease and the like. however, it gets back the individual. do you have to pay higher health care premiums because y are obese, because you could be a risk? the answer is no. this is not -- this is the problem. >> you are wrong about that. >> i am wrong about that, adam? >> you are wrong. >> a lot of people know. >> who doesn'tknow that? >> he raises a very good pot. >> i want to address that, ough, ad you do know, because if you eat in some of these restaurants and consume this amount of calories and that kwiend of food, you feel lousy, so how do yo know feemp you aren't fat yet. >> i don't disagree that we should be advocating for personal rponsibility. i don't disagree the plaintiffs lawyers areaking a personal approach. i want you to act knowledge the governnt has had a positive

impact on manyny of these debat. we demonize smoking. that's a good thing. >> theresident apparently loves marijuana. >> we demonize tobacco smoking. we are not demonizing marijuana usage. >> we have lowered the incidence of lung cancer. >> there is a cle right there. the more hungry you are. >> go to mcdona's. >> ben stein, where do you think this is going? let say the fast food guys are afraid to cough up and do something, set him in one way, shape or form, much as the tobacco industry did. and i'm wondering what would happen then? >> what's going to happen then is an ever growing erosion of human individual freedom and ever growing erosion of individual responsibility, exactly as charles has said.

there is something extremely insidious about th, once you say government is responsible for everybody's welfare, then government is responsible for everything and freedom of choice just disappears. >> very true. am, final point on that? >> i didn't say the government is responsible for everyone's health care. i said the government can playa role. >> on thcigarettes for example, there is no quantity of cigarettes that has a health benefit. they areot a necessity in yr life. that is not the case with food. that's why this is different. >> big tocco is dferent. >> i didn't y they were good for you. i said they taste good. >> e as many as you want. kill yourselves. >> you guys foe that 2,000 calories a day, not a meal. all right. five years after his, we are still at a spending, now congress agreed to add more to this. can anyone se us?

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i'm jamie colby sending you back to neil cavuto on business. >> all right. fiveears after going for broke, we are still broken. for the one is fixing it. congress give yourself another blank check this week, nearl five years after president obama signed the$787 stimulus bl.

we got a trillion dollar food bill that became law this week. we capped with with a billion dollar climate change with money we don't have any week. >>we have a debt ceiling, sten, benefit they came out with the news, i don't get when do the republicans make an you a thentic stand? when do they say, forget what the media tells you, we are driving down an irreversible path. here'she thing. we jump off a one story building or we will take pain, we will take a stand and be honest about it. >> ben stein, obviously the speaker to the risk anthe position. i will annoy a lot of peoplely keep my eye on theprize, which is presumably the elections the end of this year and rom the dice thinking that itself the

strategy to not upset the govement cart and keep the victory front and center. > we have a president wh refuses to compromise. we are headed towardsnother shut down that will hurt the republican party t. question is one step beyond this, sir, which is what are they willing to do th congress and the next elections. >> it's a very good point. i'll tell you, the last time they were running things, they were not great fiscal stew wards. when you have the reigns or the potential of reigns and you are giving up your soul to win an election you hope will go your way. you've past performance has g to come up. that's not too enkaurnlging at all. >> the political calculation here is that they know that this debt cling fight is not a vote tter because the average american, because the economy is growing slowly isn't feeling

the higher interest rates from the debt they're running. they're not feeling run away inflation. can you get a mortgage, 30 year fixed rate mortgage for a third and a quarter in this country. people are not peeling it. they feel instead they are touching on the health care law. their healthare is changing. that they see. >> brenda, y are running on the health care. god foid in the republican's eyes things should start stabilizing not look sock disastrous. then they will hang their hat on everything. >> with all due respect, the ted cruz way of fighting this thing, making eight big ttle. the debt ceiling lost stuff because of. that i will say this, if we have any chance of doing, we, the republican party. i say w i will be honest here i favor the policies of the constraint at this point. with respending too much. you favor. that. >> wait a minute. u don't like president obama? >> i nted to be clear here. >> if you favor those policies, which you, do which i do, the

only way you will do it is doing it boehner's way you have zero chance of shutting down the government until youontrol the government, which even if you take the senate, you don't control the government. >> i don't know, adam, discipline delay i think ultimately isdiscipline denied. that's where i going with this >> well, i disagree. first of all, i'm a fan of the political system. i think it's good when politics works. >> what is working here? enlighn me as to what is working here. how is kicking the can down the ad enlightning us here? >>guys, kicking the can dwn the road is the american -- >> i don't disagree with you. the cup half full. it may be a legislative process t. government isn't shuttin down t. parties are talking to each other. they have the opportunity. >> they pass legislation. this is the way it's soesed t work. >> democrats and republicans,

they a scared stiff for being amed for anything approaching a shutdown. they know republicans will run in the corner and not do squat. it's the democrats. >> here's the thing is there they can't do anything. >> the botm line is they have so much infighting anyway, they may squander any opportunity so why not take a principle thing. here's your problem. >> they don't know how to sell it. >> i know. but you don't know how to sell this. that's the problem. >> but people are paying for a government that they want to be functioning. >> they don't have the tools necessary to sell it because of theower interest rates, because of the fact that there isn't that much inftion. they nd that in order get america off their butts is there what she said. >> all right. you think it's hard to heat your home? forget mother nature, is the real threat about to come from uncle sam? it has the gang charged up.

it's about as charged up as they can get. let be honest. that's coming up next. did the man they callthe did the man they callthe corporate raider just go [ female announc ] it's time for the annual shareholders meeting. ♪ there'll be the usual presentations on research. and development. some new members of the team will be introduced. the chairman emeritus will distribute his usual wisdom. and you? well, you're the chief life officer. you just need the right professional to help you take chae. ♪ to be fairp you take chae. no cutting in line... play by the rules. don't pick on the little kids.. well, there's something i need to tell you

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do you tnk this gap is real, and i tink the rich to do more? >> it's not so much they should do more. i really believe in ameritocracy. >> what does that mean? >> if somebody takes risks, puts in money, he should reap the

fruits of it. >> a billionaire named carl icahn. risk it, earn it, keep it? >> absolutely. absolutely. let me tell you something. one thin i think we should all embrace is the idea of booms and budgets. a lot of people don't understand. without a boom and bust system we don't become the greatest country in the world, but you can't get that sort of cycle going when we discourage everyone from taki risks, from taking chances. jobs, entrepreneurship is down dramatically. take the chances, when people win they win big, have coattails and the world benefits d. it on hiown, worth $20 billion. he's not going in and saving banks like buffett does when e he knows the bunks will ultimately g bailed out. risks his own money and he wins. he's a guy that came from nothing. made that on his own. someone people shop admire. carl and i have done a couple rounds here and there. we're friends now. i will say this, though, when

you look at him in his totality, done great stuff. >> his central premise, though, if you've taken the risks you deserve the glory. this rich envy is not fair or right. >> rich -- it's really rich anger at this point. a lot of anger directed at people who have been great successes. i still think, it's troubling, adam can speak to this. you're starting to see the turn against the silicon valley entrepreneurs in california. >> they deserve it. >> great success stories in this country. steve jobs, may he rest in peace, also google, facebook, twitter, all of the kind of unsung companies. >> they deserve it. >> deserve anger, but the people in the city of san francisco have turned against these guys, particularly in google. that's -- >> one thin he also told me, carl icahn, he is open to paying more taxes but draws the line at billnairesho can afford to pay more taxes than the guy at $250,000, $300,000 cannot? >> completely correct.

hard for me to see what good carl icahn has done. some wom have called him a green mail perp not starting a company. not oviding. he'd not providing huge amounts of jobs or new products or new innovations. he's incredibly successful speculator a some say a green mail perp i don't seehat great uff he's done at all, frankly. he's toughguy, a starker, as we jews would say, but i don't see what greg sees he's done and should be heavily taxed. >> his point is that he has made shareholders much more ative and companies much more accountable. what do you think of that? >> i agree. i've got nothing against people, successful people succeeding. the issue, what do we do for the rest of society? >> okay. you're ultimately always about society.y. i wanto thank charlie and dagen. a ort footnote on carl icahn, when he was here, everybody was saying what isarl doing here? >> did the stock go ? >> what's going on?

when we come back, 401(k) retirement plans doubles in value over the last fi years.

retirent winners, charles? >> a construction boom this year, and the years beyond. i like it a lot. >> adam? >> humana, health insurance play, eil. >> ben? >> vgi. big, big, big broad dex. >> okay. that happened more quickly than

i thought. >> i'll also say, looking very, very beautif, honored to have her on the show every time she's o. exactly. not exactly how i wand to show, but -- >> i think ev >> right now. see you later. coong the booksn obamacare and insurance executives telling fox news the white house enrollment numbers have been enflated. thwhite house is describing them as this -- >> with the benefit of a full month of january data, we're able to paint a more holisti picture to date and it's very, very encouraging news. >> encouraginencouraging? do the math and let you decide. inflated or not, the white house says 3.3 million americans enrolled in the private part of obamacare. it saidnothing about the 6.2 million getting cancellation notices from their private insurance. a net loss of 2.9 million. so is that encouraging, or will