currencies will also play into this going into the quarter reporting season. dan, look forward to having you on the set and having you in person. take you for calling in, we appreciate it. we will see you soon. dan niles joining us, one of his largest positions, facebook. tomorrow don't miss my interview with qwest ceo. his first interview since being released from federal prison after serving five years for insider-trading charge. that is tomorrow. they give a joining us, time for "varney & company." charles: thank you very much. "candy crush" goes public and facebook goes viral reality. i am charles payne in for stuart varney. king, they make "candy crush." the stock has been open for an hour. you can see down $2.37. the question, is it still a buy? facebook by the virtual reality company, oculus rift.

and obamacare news of the day. there is still more obamacare news and the deadline has been pushed back yet again. it is not even a hard deadline anymore. "varney & company" is about to begin. begin. ♪ listen, i wanted to say let's get into the hot ipo. king digital. we do have an all-star team to cover this. it is big news. in many different ways. first, any optimism. a cause for concern. should people be more optimistic? >> it could be a one trick pony.

the profit has grown exponentially. charles: and it is real. >> yes. it is real. $1.9 billion. the growth rate has been exponential for the company. if you look at the games that they are actually issuing, zynga debuted. will this be the case here? they have other games out there. and the elevator yesterday, i saw a guy playing this. they do have some other games on the table that are a chat to other people out there. i do not think that you should really ruled them out just yet. charles: maybe they want to get away from the idea of having one gigantic game.

>> let's face it, you do not want to put all of your eggs in the same basket. charles: -- >> if you would have brought me in yesterday, i would have said no way in hell. we mentioned zynga. they had the smaller gains. they crashed and burned. this totally feels like the same situation. they are absolutely toast. they are relying on this one marketplace. >> they have adapted to mobile better. i am not supporting it, i am just merely pointing this out. charles: it has gone for low

expectations. [laughter] charles: sometimes that works for a stock. >> i would call it a rock crushing ipo. it is ridiculous. $7.8 million in profit. 78% of the revenue is coming to one game. that is like throwing darts and hitting the bull's-eye one time. the rest of the time, you are missing the board entirely. charles: the example of a social media driven company.

that they do have to their advantage. >> absolutely, charles. mobile is the platform that everybody needs to be on. the best place to find success these days. i certainly feel good about the core proposition. absolutely. >> you have seen one guy make this game called flappy bird. it cost him $0. charles: i hope that my son can

see this. nicole: most of the ipos have been doing well. there are some great performers. we do not have time to show each and every chart. for the most part, we are seeing up arrows. charles: facebook, they said $2 billion in a virtual reality play. i am not sure how much of that is a deal or not. why are they buying a virtual

reality company? >> merely the fact there is different than for google glass. all of the companies recognize that the devices are changing. we talked about mobile a few minutes ago. we have tablets out there. this is an investment in that regard. charles: let's talk about that technology and gaming point of view. make it a teleporter, if you will. make it part of the social fabric. >> from a gaming perspective, it is amazing. i used this last week. you will really feel like you are in this world. from a social perspective, and i think that is where they are really pushing, it makes to me

no sense at all. charles: by the way, you do this deliberately. some other uses for it, you would not want anyone else in the room. >> right. [laughter] >> it does not make any sense to me that if you are in a business environment you would want to seal off the rest of the office. sure, it may make for interesting cross-country meetings and things like that. what they need to do is get it the size of google glass or something like that. charles: sandra, i want to talk to you. dropping plans to bring his game to oculus. sandra: he is saying it is a grass roots tech enthusiast. he says it is not a game tech

company. he tweeted about this. this is where banks get real interesting. he just canceled the deal. facebook creeps me out. he wrote a letter and he said facebook motives are too unclear. they have not historically been a stable platform. he looked at it and he walked away. charles: virtual reality creeps a lot of people out. let's look at this from a stock point of view. do you like this deal from facebook? >> i love this deal for facebook. spending $400 million in cash. about 2.5 pillion shares. that is nothing. it is a drop in the bucket for

them. i think it will be, long-term, amazing for the stock. charles: i hear you. it is very exciting. i want to change course here. testify before their eyes the committee. in fact, he is testifying right now. there is a lot here about lois lerner. we want to listen in for a bit. take a listen. >> my point was what you'll get is mostly irrelevant. >> we are interested specifically in lois lerner and others to find out who did what. charles: people are trying to provide protection or block for

lois lerner. >> that is exactly what is happening here. that is kind of interesting. she continues to be protected. darrell issa is doing everything he can to get her in the hot seat. charles: i think that america wants her in the heart see. i think that will happen. the ceo announcing the plan for a new major deal with a large automaker. a gigantic move yesterday. a lot of people watching it. i want you to take a look at five below. this frustrates me. i sold out of this after one bad quarter.

it has reported higher profits and higher sales. hired before background checks clear. some are convicted felons. we are talking kidnapping, daft, outright fraud. all of the details are coming out next. ♪ ♪ one way or another ♪ i will see you ♪ i will beat be too, me too, me too ♪ ♪ one day ♪ maybe next week ♪ ♪

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charles: we have to check the big board. we pulled back and then we get the midday tug-of-war. we will keep watching it tick for tick. 1300. it may test that today. all right. another day and another obamacare delay. it will grant extra chime. somehow you have not finished it. you have until mid april or something. >> there is no specific date.

by the way, they are relying on the honor system here. go onto the website. check a little blue box. say that you try to enroll before the deadline, but were not able to. they have not determined how long they will have to sign up under obamacare. a lot of people saw this one coming. it just goes to show you the rules keep changing. charles: they sure do. now they do not call it a delay, they call it an extension. they were working as obamacare navigators. harry reid is home safe. eight have criminal past. we have the reporter who broke this story.

she is with us right now. julian, you know, what kind of crimes are we talking about, first of all? >> very serious to hold areas crimes. >> one person went in with a fake id and try to cash a bunch of checks. charles: these people apply for a job and got the job before the background check even came back. >> what i found is that basically in the push to begin enrollment, it was giving clearance. charles: there is nothing that says a convicted felon cannot be

a navigator. they have exposure to just about everything. they have our personal things and our medical records. it creates potential for this. charles: you saw it in nevada. you saw it in california. you were going to the states one by one by one. whatever it takes. charles: it is sort of a

payback. is there any real legitimate job for them. these are your plans. by the way, you want to register to vote. is there anything beyond that? am i missing something? >> what i have seen in my reporting is that it was handed sloppily. there really needs to be more due diligence. consumers are being forced to buy a product. charles: if they come into your home, you feel like you will not let them walk out without checking the box. >> -- charles: i would feel intimidated beards if i did this with you over the phone, i could say let's think about it rather than if you were in the kitchen.

can you tell us what you are working on now? i cannot wait. thanks a lot. president obama makes a play for the millennial's. he wants to stop some of the tenets that he finds. your response on facebook and twitter. there are a lot of them and they are next. ♪

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>> he is saying we need to make changes and stop this data collection. we have the white house saying they want to give up the control of the internet to an international body. wait until guilt people find out that their web searches may be . charles: we ask if you thought this was just a push to win over the millennial's. he says more political pandering on the plus side should not be wasted.

i see no reason to assume that this would be any different. panera bread gave a disappointing forecast. we are keeping an eye on netflix. down again. let's take a look at target shares. rich hudson joins us now. this guy, obviously, they will hammer him pretty good today. >> they are.

they are missing a number of opportunities. a bridge that says could have stolen information. in response to that report, target response to its previous statements. it detected a small amount of activity from the hackers on its network. charles: even opponents will have a tough time on this one. time now to reveal today's matchup.

you can vote on which stock you would rather own for the long term. our market watchers. can you really be sued for having a negative opinion? it seems ridiculous. all rise. the judge is next. ♪

so our business can be on at&t's network for $175 a month? yup. all 5 of you for $175. our clients need a lot of attention. there's unlimited talk and text. we're working deals all day. you get 10 gigabytes of data to share. what about expansion potential? add a line, anytime, for $15 a month. low dues, great terms. let's close! new at mobile share value plans our best value plans ever for business. and his new boss told him two ings -- cook what you love, and save your money. joe doesn't know it yet, t he'll work his way up from busser to waiter to chef before opening a restaurant specializing in fish and game om the great northwest. he'll stt investing early,

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nothing can reverse copd. spiriva helps me breathe better. does breathing with copd weigh you down? don't wait to ask your doctor about spiriva. >> look at north dakota go energy development giving it the nation's highest personal income growth in the company for the

sixth time in seven years. lauren simonetti is here. it is amazing what fracking can do. >> the growth rate is over 7% in north dakota 2% nationally, north dakota coming out on top set for the sixth time in 7 years and their unemployment rate is below destination, 2.6%. charles: people are flocking from all over the country, single lives because the money is so great you make the money you change your life. >> average per-capita $67,000 behind connecticut. charles: if i had bought 3 grand, and stewart somewhere on vacation. >> some real parts of the state, rental property, but south dakota. charles: when i landed there it was a big-time patch of dirt.

why not? what can happen in this country, imagine we duplicate that in new york. can you imagine that? the president told europe to change their energy plan. okay, let's start here. >> the fear mongering going on with fracking in california is astonishing. there are groups trying to blame the recent earthquakes on fracking. charles: there has never been an earthquake in california before. the stock is not a great start but is the stock of the day down 9%. candy crush went public, king is the company, candy crushes the main product and the faa aide tells going to fix its 747 software to avoid any crashes. the stock is holding its own. you don't like the way a store treats you you want to write a bad review. a lot of people do. they go to yelp. there is a guy who did this, the

store is threatening to sue for defamation. it is what happened to a guy who went to a store in new york and went to the customer review site on yelp and wanted to share his experience. i went based on positive reviews and he and his associates are nice people i cannot recommend them based on my experience. does this guy does the store had a case against him saying that is wrong, you can't tell the world we are not that great. how many can you handle this? judge andrew napolitano. the first thing everyone says is this is first amendment, you should be able to say someone to allow the job. judge napolitano: the first amendment restrains the government. how does the government come in to play? the guy who owns this watch shot filed a subpoena against yeltsin in virginia to find out the identity of the complainers and yelp resisted the subpoena and the court ordered them to turn over the true name and ip address of whoever posted this review. the owner of the shop in new

york can sue the person who walked in the shop because the critical posting is done anonymously. charles: why virginia? judge napolitano: regina is a long way to go. i don't know how it ended up in virginia. yelp is a delaware corporation and most of its hardware is in california. the person who claims to have suffered from this is in new york a couple blocks from where we are now. interestingly yelp -- not yelp, the guy that owns the watch shot may have very bright lawyers because they surveyed the libel laws of the country because virginia is one of the few states of the union that would have declined to throw this case out. i would have turned it out in new jersey. almost any judge would turn out because it is an opinion. is an anonymous opinion. if the president is driving down the street in his limo you can stand on a street corner and shot what you want that the president as long as it is not a threat of violence and if the secret says who are you you can

walk away. the first amendment protects not only free speech but the right to anonymous free-speech. translate that into the digital ear and that is yelp. charles: what about the commerce aspect? when a fire around the restaurant and you open 1 across the street and i want to sabotage it and i went on yelp anonymously and said i found bugs in my food, there has to be some -- judge napolitano: interesting you should say that. that is the hook on which the virginia judge hung his hat. if the customer had said this repair shop in new york stings, don't go there, is an opinion, absolutely protected but because he bolstered the opinion with what appeared to be a statement of fact in which he said they twice sent me home and twice claimed they were unable to repair it and the owner denies that now you have an issue for the jury to resolve. if he had not added that statement and your hypothetical bugs in the soup, if you said

the food is lousy, absently protected. the watch repair shop stings, absolutely protected. add a statement of fact they can refute end before jury. charles: this new world we are in will put the constitution to the test. judge napolitano: yes it is. i hope those in whose hands the constitution has reposed for safekeeping, i am often critical of those people as you know, are bright enough to anticipate, have the framers known about yelp, 230 years ago they would have protected. charles: is a small but growing section of this country that is actually saying the constitution is relatively old, there are a lot of things the framers have not figured out, maybe we should ditch it and try something different. judge napolitano: there is movement on both sides of the aisle. there are libertarians who want a constitutional convention, that would put the congress out of business. are you listening, chuck schumer?

and some big government people who feel there is too much freedom guaranteed, created by the guarantees of the constitution. i don't think any of that will change but the basic values remain the same, the value of freedom of speech. what is the remedy for the shopowner when somebody says your work stings? refused it! go on yelp yourself. >> take a lot of resources and we have to protect our businesses. that takes time, that takes people. judge napolitano: how long does it take to put a blog up that says i never turned anybody down instead of dragging them into court in virginia of all places. >> yelp is the new word of mouth. charles: it is amazing. judge napolitano: yelp is word of mouth. what does that mean? >> how you feel about something. everyone has a microphone and give their opinion with her fingertips and i have never written a review of any product

anywhere but any time i try something i look at those reviews. i don't write some but i read them. judge napolitano: do you find yelp, charles fears are just putting -- >> great question. i do look at them but don't discount the place because of a bad review because they think a person might be blanketing the experience. charles: how many people i have met who use yelp and never considered owning a stock. we all look at this. and stuart varney were here he would say this -- charles: on that note thank you very much. see you tomorrow. smart watch with the gps tracker

designed for 4-year-old kids is called hereo. of play on parents paranoia but will it sell? that is next. i want to give you a chance to make some money. 90 seconds away. i think you will like it. be right back. let

charles: time to make some money. stock with expedia, i love the execution, they have beaten the st. three of the last four quarters. consensus for fiscal year 2004-2015 have been edging higher. the company rolled out its first road map of its home page since. the focus on mobile in the last quarter, international bookings outpace the message but here is the thing. pricing in america went higher. i always talk to you about pricing power. there was recently a huge insider by.

someone bought half a million shares associated with the company and you see on the screen that is the chart. it is a wonderful chart. it feels like we are taking but we are not. it is coming off of the bottom of the channel, a breakout from there and i think we're looking at a $90 stock. hi, are we still on for tomorrow? tomorrow. quick look at the weather. nice day, beautiful tomorrow. tomorrow is full of promise. we can come back tomorrrow. and we promise to keep it that way.

driven to preserve the environment, csx moves a ton of freight nearly 450 miles on one gallon of fuel. what a day. can't wait til tomorrow. charles: higher profits in team retailer 5 below. how are they fairing? nicole: one of the retailers, not saying it is a terrible winter and we had no sales. and they'd do have winter weather, they also have 25% more

stores year over year. there is a downbeat forecast, 5 below soaring. stuart: the world's smallest gps watch designed to protect your children. a new kind of wearable technology, a watch that appears on your smart phone to determine where your child is. the company joins us from london. what was the reason for you to make this? any of you have a personal event in your life, this would have helped me or helped society? >> thank you for having us. i lost my knees for a few minutes about four years ago in a crowded area and panicked. immediately i knew i had to do something about it. it is a festival in london, in

order not to lose them and it disturbs me very much even though i understood the need for such a thing after i lost my own niece and embarked on his amazing adventure. charles: we got a heartbreaking story lot of parents identify with, you are on the business side of this thing. you got to get there. what makes use thinks this will be a great business proposition? feels like when kids get to western age they will ask for a real cellphone or something like that? >> exactly. there are a lot of solutions for older kids with a cellphone. we realize there is a huge demand for products like this for the younger age group which is 3-12. the last three years we have developed miniaturized gps tracking device specifically designed for them in terms of fit and design and

functionality. >> one concern is abuse of this. everyone will wonder if they are following their spouse with things like this. everyone is afraid of giving up their freedom. one thing to talk about using this for a little kid but all of a sudden people might think about the uses. >> there are other usages. so many tracking applications for adults duquesne download your android and track to your spouse or a teenager. the device is tailor-made for younger children so there is no danger of an adult doing this. regardless of that, we believe this time everything is connected youu mobile phone from your car to the house and electricity, the first thing, your family, the first thing to be connected to, trying to make good use of technology and bring families closer together. charles: talk about how it works. the parent is the only person that can send outgoing messages

and the phone is preprogrammed with five separate phone call destinations. >> that is incorrect. what we developed is the smallest location safety device for children the age of 4-12. we did not want to develop a cellphone or a kid of four or five too young to have cellphones so this is actually a location safety device. a parent with an application at any moment can log into the application, and we provide a lot more features behind-the-scenes, things like what we term safety. when a child would enter and leave a place like home or school, notifying them they arrive safely. charles: go ahead. >> i see this for younger children, you want them to be saved and know where they are but when a kid is 12 they are going to feel like they are on a leash and constantly being tethered.

might make some lashed out and do bad things and the skate. >> we don't think it is meant for 12 years old. and we spoke to teenagers and they think something is cooler just to check out who they are instead of calling imam and follow where you are. charles: i came into this skeptical, you are starting to win me over. we want to find out how much it costs and how successful you are so far. is the product on the market? >> we are preparing for a major nationwide launch in the u.s. and the uk this coming summer. we started to pre order of 3 weeks ago. with $100,000 for mass production and three quarters of the way, 75% and we are charging

97% for the earnings and it would be 149 retail price once we hit the stores. charles: we will follow up later in the year after you get to the public. we will see what the response is but like i said i was very skeptical and the lot less skeptical now so good luck and congratulations. we appreciate it. >> i appreciate it. charles: a new study says millennials are ok with big government. the country's next-generation will be more liberal. the reason why we are going to have according to this study. it is all about demographics. that is next. we asked people a question,

how much money do you think you'll need when you retire? then we gave each person a ribbon

to show how many years that amount might last. i was trying to, like, pull it a little further. [ woman ] got me to 70 years old. i'm going have to rethink this thing. it's hard to imagin how much we'll need for a retirement that could last 3years or mor so maybe we need to approach things dferently, if we want to be ready for a longer retirement. ♪

charles: the president of pew research making interesting statements about the future of america. 50% of the next generation of americans will be non-white and the current generation of millennials are more liberal than the french thing big government is a good thing. republican party is going to have to make some big changes in its core message to reach the new generation of voters. what do you make of this? >> millennial they did 18 to 35, if you are in that age group you

are in millnial. you say your independent but studies show most millennials lien left. they are ok with so many things, being gay, abortion, not going to church, they love the environment, they do lean more left, they are pro-government, pro welfare, pro social programs and republicans have to kind of cater to this group of people as they get more left, bringing back to core values. >> this is a real opportunity for the republican party to decide what its message is going to be because it has to be a very clear message to millennials, the younger voters and tell them how the left have been affecting them economically. this is where they have to hone their message, and employment figures, health care, how it is affecting them but the republican party hasn't gotten it together as we saw in the last election to target the young voters. charles: in addition to being

critical of the democrats they need to learn to articulate their message, not change it, how to articulate it better and don't call it enduring. >> it is all about articulate and because this generation doesn't like bickering. charles: tweet me at hash tag askpain if you want to know about the stock or the market. natural gas, enterprise production. what is interesting about this someone sent me an e-mail, a totally different person from this part of the country saying you missed this one. i miss a lot of them. it was $8 when the market crashed in 68. hard to go against anyone holding it, they have pipelines, 50,000 pipelines, amazing what is going on. natural gas storage, plants, towboats, barges, everything. my concern is looking at the stock being able to repeat this 1999 to the third quarter of last year is up. if you reinvested dividends you are up 2100% in the stock.

absolutely amazing. hobby lobby fighting for religious right in front of the supreme court and two justices obama appointees suggesting the company, get this, dropped the health care insurance and have all their employees sign up for obamacare. one of the company lawyers is next. selfys leading to surgery in social media era. two hours coming up. [ male announcer ] this m has an accomplished research and analytical group at his disposal. ♪ but even more pressive is how he puts it to work for his clients. ♪ morning. morning. thanks for meeting so early. oh, it's not a big deal at all. come on in. [ male announcer ] it's how edward jones makes sense of investing. ♪

makeido more with less with buss energy.hp is help. soon, the world's most intelligent servers, designed by hp, will give ups over twice the performance, using forty percent less energy. multiply that across over a thousand locations, and they'll provide the same benefit to the environment as over 60,000 trees. that's a trend we can all get behind.

impact wool exports from new zealand, textile poduction in spain, and the use of medical technology in the u.s.? at t. rowe price, we understand the connections of a complex, global economy. it's just one reason over 75% of our mutual funds beat thei10-year lipper avere. t. rowe price. inest with confidence. request a prospectus or summary prospectu with investment informion, risks, fees and expenses to read and considecarefully beforinvesting. ♪ charles: zynga getting crushed on its ipo day. we are all over it and so much more. we have the reporter who brought us the story. one of hobby lobby's lawyers is here with us as well. two of the supreme court justices told hobby lobby to drop insurance and have fewer

employees sign up for obamacare. e cigarettes getting slammed. you cigarettes respond. what are the best and worst states in this country in terms of taxes? hour two is next. ♪ >> we cannot point out, we cannot know at this point which wanted these are near the edge of poverty or living in poverty simply because they cannot find work. for that is what it is. people to be able to live. charles: a crusader against income inequality. not exactly practicing what she

preaches. she is not the only one. townhall.com and news editor is with us with the details. i know a lot of them do this. >> they are taking money out of the pockets of middle-class families. what we are talking about here is the big perks that congress gets when it comes to flying and getting back to their districts. that travel expense will be there. the problem is there is a first first-class loophole and there is no language preventing

congresswomen and then from booking first-class ticket instead of sitting in the back with the rest of us. charles: if the first lady wanted to spend a grand of her own money on a hotel room, i have no beef with that. i do not care. when you tell me i should be ashamed of being successful, there is a whole lot of hypocrisy there. >> not only help talk or see. i think it comes back to the ideas that lawmakers here in washington, both democrats and republicans, really do not have a lot of respect for taxpayer money. they just think that paying more for things here and there is okay. just because there is a loophole in there is not anything

preventing you from taking first-class does not mean that you should do it. this comes back to us having to pay for something. i am paying for it on my own. charles: i am a big guy. [laughter] >> some of it i do pay with my own money. both sides are absolutely right. they are so distant from us. they are so disconnected from what is going on in the real world and real people.

there is a group of bipartisan representatives in the house who put together language to be added to the appropriations bill that would prohibit senators and representatives from booking tickets on first-class. that is a fantastic piece. the world needs to hear it. appreciate it. >> absolutely. charles: we have the big story of the day. nicole, give us the latest. charles: candy crush maker king digital. everyone knows candy crush. down 10% right now. there are some concerns that

candy crush is a one-hit wonder and king may go the way of zynga. we will see whether king can bring it and rise up. right now, it is lower. charles: we give it all back. we have given it all back once again. now to our big technology story for the day. spending $2 billion on a virtual headset maker oculus. oculus started out as a kickstart her project. interesting enough, there is some pushback.

>> all they got after raising $2.4 million is a lousy teacher. if they were lucky. the whole idea of kickstart her and cloud funding is to help inventors and entrepreneurs bring their dreams to reality without the corporate overload. charles: do you think that this hurts cloud funding or do you think that the model has not changed? >> they may need to work it in a little bit more. it is not necessarily the choice here. >> i do not know. it is a tough one.

charles: i am not giving somebody who is a millionaire money to make a movie. i want you to check out shares of twitter right now. it was at $50. as for zynga, a company that is being compared. under some pressure right now. president obama pushing obamacare from the bench. that is exactly what happened. just listen to what the justice said or suggested to hobby lobby, the retailer that is suing the federal government.

isn't there another choice nobody talks about, which is paying the tax? when challenged on the religious equipment, and here is what the response was. they can just pay a greater salary. right now, we are joined by lori. they happen to be representing hobby lobby. much has been made about the politicization. how taken back where you when you heard those comments? >> we were all kind of shaking our heads. if you do not want to pay for these devices, what you can do is drop insurance for your employees altogether. i was really surprised to hear that argument coming from the

bench. charles: it felt like such a cavalier attitude. people's religious lives and beliefs are extremely important. it felt like a cavalier approach from two of the highest profiles in important people. >> religious beliefs and rights are incredibly important. i think you have to think about the employees. i will drop your health insurance. i will not pay you anything. good luck on the exchanges. i think most of us would be really troubled by that. charles: there are a lot of protests on both sides. it felt like there were some things that were said and done that kind of favored your site so far. do you feel that way? >> we were encouraged by the argument the other day. i think they made it clear that the government cannot justify exempting tens of millions of

people and then try to do fine family-owned businesses like hobby lobby. it just does not hold up. i think that the questions yesterday made that clear. charles: a lot of people were surprised. we will ask you to spend a lot more time with us in the future. >> thanks for having me on. katie, it seems like every other day there is another obamacare delay. now they are saying if you have already started the process and you are not finished by march re- one, they will give you some time, i don't know, the middle of april, to figure it out. >> this is not a delay. you get an extension.

you are not going to be penalized due to bad deadline. it goes back to the same idea that republicans for a long time simply added the fact that they saw this coming and people would not sign up on time. we probably should delay this or extend the enrollment. they called them all kinds of horrible names. it is politically convenient because they will not reach the 7 million number that they wanted. they are extending the enrollment. the white house said do not worry. if you are in line, you will get help. does that mean that help is not signing up for obamacare? i am pretty sure at this point people think that is the truth. you succeed it back fires every time. this does bring us to a bit of advice.

"in terms of obamacare, don't defend it. say it was flawed from the beginning and we will fix it. what do you think about that strategy? >> i do not think that that strategy will work. we have heard a whole lot about these fixes that they want to make. when you are looking at a humongous bill that has been changed 30 times now, 30 plus times through executive power, what exactly would you fix and how would you do it piece by piece? they will have to come up with some tangible reason and example of how they will fix it. at this point, they said that they would fix the website. that really has not worked. at that point, it has either been a lie or a broken promise.

charles: just run away from it. don't try to fool people anymore. they are not buying it. katie, thank you very much. >> thank you. see you soon. charles: people posting celsius on social media. they are cashing in big time on this craze. ♪

charles: bitcoins is property rather than currency for tax purposes. some are saying this move will help to push the digital currency into the mainstream. tracy byrnes is joining us now.

>> in order to change the stats now, you have to post comments. as an asset, think of it as a stock. you are now buying and selling things with the share of a stock. it is 20%. you are talking about paying taxes on every transaction. >> even though i did not understand it the way you explained it, my inclination would be that this will be a bad thing. they are trying to rock walls. that is the only thing that is making it so compelling to me. why are they doing this? why use bitcoins to buy

something? >> 23.8% is the capital gain tax. if it went down, you are reporting a loss. charles: -- tracy: that is the thing. for every one of those transactions, you have to record it as if you were a day trader. it is a headache and a half what they are doing right now. nobody is a good recordkeeper. charles: thanks a lot, tracy. it was a selfie seen around the world. you all remember that one. now a new study suggests that they are a reason for plastic surgery. doctor ablow, you kind of warned

us about this kind of stuff in the past. you are not surprised. >> i am not surprised at all. it is a negative feedback loop. we are taking more and more photos of ourselves like we are reality tv stars and then we do not like our face. plastic surgeons are reporting an incredible upsurge in cases of minor plastic surgery. patients now object to their physical characteristics more than ever before. tracy: just hold the camera differently. hold the phone right. you will get a much better angle of yourself. try it. you can blame the cardassians for this yet again. >> you can also blame mark zuckerberg. you can blame facebook.

what matters is your profile. what matters is your physical presence. your character, not so much. the fact that you obsess -- imagine, this is a new phenomenon. it is a totally new cultural phenomenon. charles: plastic surgeons are cashing in on it. it is a real ugly trend. the makers of candy crush traded today. the stock is getting hammered. we all know that this is a very addictive game. a lot of people call it mindless leisure or good rain exercise, some say. there are some pluses to sitting

down. >> no pluses at all. there are zero pluses. i have patients now coming in that are spending hundreds or thousands on these games. some of them are all night. they do not want to play anymore. they are a date did. one of them told me that in the little time during the game where there are walls in the apps, he sits and stares at the computer screen. charles: i said pretty soon the top three reasons for divorce will be money, infidelity and candy crush. i have one more for you. facebook, they bought a virtual reality company. we know you are not a fan of facebook. this takes it to another level. what do you think about this? >> this is the epidemic of our times. the loss of reality.

the wholesale abandonment of fax. who but facebook would be the appropriate company to lead the charge. of course they want reality tv, rosy glasses, virtual reality glasses because this is a company selling fakery. they are ruining people's lives. that is the truth. charles: i want you to consider a positive application for virtual reality in your industry. >> may be so. i am not sure. try to borrow $20 from a friend on facebook. it is tough. charles: it is tough. thanks a lot. e cigarettes are responsible for a tocsin. some will defend the industry saying that the "new york times" is flat wrong.

have not heard that before, have you? ♪

charles: movie ticket sales are down 1.5%. considering something very radical to fill the seats. lowering the ticket prices. >> lowering ticket prices one day a week. trying it out in one state to start. i guarantee you it will not be a friday or saturday. let's show you the price to go see a movie. $8.13. here in new york, states are paying double that. that number has gone up no matter where you are dramatically over the past couple of years. that is why it is $10.9 billion. it is only because the tickets cost more. not because more people are going to the movies.

charles: pretty soon you will be able to make the movie. lauren, thinks a lot. appreciate it. the biggest losers in the s&p. first solar. it is down. here is stable shares. down $0.25. the "new york times" slamming the e cigarette industry. poisoning from the nicotine liquid has increased by 300% from 2012. teenagers are drinking them to get high. cynthia, you are not buying this one. >> no. not at all. charles: like? >> we will take the 300% number

that you just brought up. that number still represents a very small percentage of the number of poisonings that were reported that year. toothpaste. 20,000. household cleaners. 200,000. alcohol. 55,000. e cigarette, the liquid from e cigarettes, probably -- 1300 as the number. when you break it down it is actually something like 400. charles: cynthia, here is the thing, do you admit that these can be problematic? kids always find a way to get high on something. whatever it is, aren't these at least red flags for the industry? >> of course. the industry is very responsible. we want to look at what happens with kids. we want consumers to also be

responsible. any consumer product should be handled with care. the warnings on the labels should be heeded. they should be treated very carefully. >> this is tracy byrnes. why do you think that they are coming down on this? they lock everything up because it is that dangerous. this stuff is poisonous. it is not for little kids. everyone knows that you cigarettes are the healthier version of smoking. why is everyone having such a hard time with this? >> you know, i am not sure. we really need to look at the possibility of these products getting people a lot of benefits. giving society a lot of benefits. it takes people away from using combustible tobacco cigarettes.

yes, these are consumer products and they should be treated with care. keep them away from your kids. nobody has a problem with that. we think that that is what you should do. charles: on one hand, you do have the larger cigarette companies that recognize the growth. more and more states are wrecking regulations on them and treating them just like cigarettes. this could really stop you dead in your tracks. >> you know, it is very disappointing. this product could really help a lot of people if they are allowed to use the product. some of them are really knee-jerk reactions to things people do not understand. we have to give current smokers the opportunity to get away from tobacco. it would be really nice if we could have an open dialogue

where we could talk about these things. tracy: instead of this, try and e cigarette. charles: we are getting the rap signal. real quick, cynthia, would you consider some kind of label on there? >> absolutely. we encourage our members and we ask that people put labels on and warnings. charles: thanks a lot. you were a great guest and you explained things very well. after the break, a list of where you could move to save more money. ♪ predicting the future is a pretty difficult thing to do. but, manufacturing in the united states

means advanced technology. we learned that technology allows us to be craft oriented. no one's losing their job. there's no beer robot that has suddenly chased them out. the technology is actually creating new jobs. siemens designed and built the right tools and resources to get the job done. [ mawhile a body in motionat resnds to stay in motion.t... staying active can ease arthritis symptoms. but if you have arthritis, this can be difficult. prescription celebrex can help relieve arthritis pain and improve daily physical function so moving is easier. because just one 200mg cebrex a day can provide 24 hour relief for many with arthritis pain. and it's not a narcotic. you and your doctor should balance the benefits with the risks. all prescription nsaids, like celebrex, ibuprofen, naproxen and meloxicam have the same cardiovascular warning.

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cme group: how the world advances. when folks in the lower 48 think athey think salmon and energy.a, but the energy bp produces up here creates something else as well: jobs all over america. thousands of people here in alaska are working to safely produce more energy. but that's just the start. to produce more from existing wells, we need advanced technology. that means hi-tech jobs in california and colorado. the oil moves through one of the world's largest pipelines. maintaining it means manufacturing jobs in the midwest. then we transport it with 4 state-of-the-art, double-hull tankers. some of the safest, most advanced ships in the world: built in san diego with a $1 billion investment. across the united states, bp supports more than a quarter million jobs. and no energy company invests more in the u.s. than bp. when we set up operation in one part of the country,

people in other parts go to work. that's not a coincidence. it's one more part of our commitment to america. charles: chairman preparing in front of the house site committee this morning. >> lost all of the e-mails she sent or received in january january 2010. we will decide what we think is relevant and is not. she said i have done nothing wrong. i have broken no irs rules or

regulations. i have broken no laws. that is pretty broad. >> if i could just have a moment. charles: the hearing is still going on. whether the irs will ever turn over lois lerner's e-mails. why are they protecting her. >> they have built a wall of protection around the person they hired from the doj to get on the case, we all know, is an obama donor. she has a lot of people behind her. just come clean. you are wasting taxpayer dollars. charles: why is she not coming clean? >> not even a smidgen of corruption. we all know that is not true now. either way, it will come out. charles: you do believe it will come out. >> it will absolutely come out.

charles: judge napolitano says we need to give her immunity. force her to testify and get the truth finally. >> either way, you will get it. charles: they are certainly blocking that time for her. which state is the best and worst for taxpayers? these are the best states to be a taxpayer. wyoming, nevada, florida. now to the worst, california, new york, nebraska and illinois. >> the income taxes in the sales taxes are some of the biggest drivers to where our tax dollars

are going at the state and local level. new york, in particular is pretty high. the top 15 in terms of worst taxes across the board. the only bright spots, if you will, for new york is a tax it does not have. the auto sales tax is really competitive. charles: the problem with these states -- i called the mini welfare states, they make so many obligations to give out so much money to so many different people that they hit an inflection point and they cannot turn back. >> the purpose was to only look at the tax rates and how they differ between the states. there is a difference between some of the lower tax rates. a lot of people are bringing up the point that you just brought up.

what you get for your tax dollars on the states. look at those issues and see what the tax dollars will get you. there is a lot of other public -- if they are not, it raises the question of where are our tax dollars going. charles: i cannot wait for that report. the next time you and i are in new york, we will drive up 48th street. i can tell you, we are not getting our monies worth. you will find that the people in this state are not getting it. i think tracy will agree. jersey either. we have to go. we look forward to the next of you guys come up with. >> thank you for having me. charles: the big ipo today. king digital. the maker of candy crush.

spending $2 billion. stay right there. you have the real halftime report. these guys are eager to go. ♪ travel the world and the seven seas ♪ ♪ everybody is looking for something ♪ ♪ some of them want to use you ♪ some of them want to be used by you ♪ ♪ some of them want to abuse you ♪ some of them want ♪

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when csx trains move forward, so does the rest of the economy. csx. how tomorrow moves. ♪ charles: okay. we are keeping an eye on this company. the stock was up $3. you can see it down $1.50. take a look at five below. they reported higher profits and higher shares. the stock gets higher also. now to netflix. down once again. got through a really rough patch. look at this. it is actually reversing. you want to catch this one and buy it at the low. also, boeg. ordered by the faa to fix the 747 software. a glitch in the program back

could cause the plane to lose thrust when landing. obviously, that is not good. we have the real halftime report coming up for you. ♪

charles: time now for the real halftime report. the halfway point of the session. drake, nicole and market watcher and tracy byrnes right here in the studio.

we have two started off with king digital. what is your take? >> on king digital, i think the market is telling exactly what is going on here. charles: are you surprised? they actually overpriced it. >> i think it will be harder to come back to the well the next time. this company is a one trick pony. charles: it may be a one trick pony. you are right. that is the general consensus. nicole: we bought this very big ipo. it is down more than 10% throughout the morning. right now, the same thing. it is a little worrisome. you have high hopes. there is concern.

charles: you may think i am nuts for saying this, i think the disappointing open may be good for the broader market. >> let's look back at the action the last several days. it is almost like groundhog day. you start out higher and then you get a break led by tech. all i have been doing is watching when the nasdaq starts giving away some of its gains. until we break that trend, that is how it will keep working. tracy: i go by the kid factor on all of these stocks. my kids are not playing it anymore. charles: it works on teen retelling. that is for sure. time for the hot stocks that we are watching for you today. facebook. what is your take? spending $2 billion. >> market is telling you that the stock is to offensive.

it was refreshing on the conference call. it was not the love fest that it was last time on the what's app deal. kept saying i am looking out 10 years and these are incredibly where companies. maybe it is not so rare. charles: a lot of buzz about them. maybe he is spending his currency. what are you going to do with it? >> i think what he is doing for himself in the company's long-term is maybe good. when you buy a stock, you are entitled to the dividends and earnings of that company. they are not able to tell us, they are not able to give us any financial metrics. that is what investors are talking about today. charles: nicole, give us the latest on panera bread.

nicole: they are spending money. they are spending money on panera. this is been taking a bite in the near-term hoping that kiosk and mobile ordering will help them in the future. charles: fast chop and bite. thanks a lot. tracy, target cfo testifying on that data breach today. we know he will get slammed. tracy: we are already hearing that they knew there were security issues. people tapping in and they did not do anything about it. we also heard that they fail to respond. lois lerner, eventually, the truth will come out. charles: as a consumer there, i find it despicable. gold beading the major averages so far this year. what is going on? can it continue?

>> do your homework and notice how the chinese continue to stimulate physical gold. there is a story there. people need to be aware of it. the people of china have made a lot of money. that is the same reason they are buying real estate in australia. same idea. charles: we have to do the varney tech tournament. today is round two. we have the big matchup. microsoft versus amazon. remember, stuart varney a huge microsoft sharer. microsoft the clear winner so far this year as far as performance. best stock right now. >> long-term, i will stick with microsoft. i think what i am seeing here from this new ceo, hes part of the significant seven, we have

seen this rotation from the highfliers like amazon. i have been there, done that when amazon has gotten burned. charles: what is your take on the two? >> neither. charles: we have these brackets. you have to work with us, my man. you cannot substitute. you cannot put duke back in. you can go to our facebook and our twitter pages. for now, that is your halftime report. it is amazing stuff. we will play more next.

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she's 22 years old, dutch surgeons spent 23 hours operating on her skull, they took off the top portion because it was too thick and causing too much pressure for her brain and replaced with a plastic custom fitted skull and she's doing great. took about a month to make the skill. the procedure about a day. and she has her life back. charles: absolutely amazing. critics are saying it is overplayed and maybe the stock is themselves but you can deny some of the amazing your calls we see on a day-to-day basis with this stuff. >> to see it being life-saving in the medical field, long-term success rate shows that 3d printing, medical parts and bones can help people, it is a winner. charles: the big money will be industrial, big-time manufacturing jobs that human beings still have. all right, next, your take. we will be right back.

charles: lot of fun on "varney and company". wendy says this about the selfys leading to plastic surgery, it has to do with the total overload of self esteem. so many have been convinced they are the best thing to come along since sliced bread. he says this about millennials. they have to pay for it. tracy wanted to weigh in on that. >> i love it and can't move. you get a double whammy. we have the highest property taxes. and we get swiped twice on our tax bills. charles: i hope when it comes back he is not forget political. >> north dakota low state tax

and high property taxes. charles: markets trying to get attention so i hand off the show to the capable hands of cheryl and adam. don't drop this rally. cheryl: no fresher, appreciate it. all right. tech is the talk of wall street and king digital getting candy crushed, one hit wonder concerns the digital gamemaker's disappointing debut on the stock exchange. charles: adam: facebook virtual reality, mark zuckerberg shelling out $22 for new opulence. a big fat waste of money? the analyst call on what you need to know about the head set maker. cheryl: larry fink on what companies shouldn't emphasize at the expense of long-term growth. adam: i am adam shapiro. did you hear this one?