the gdp surprised on the upside. the market seems to be focused more today on that consumer confidence number. "varney & company" starts right now. >> dozens arrested. businesses damaged. an underlying issue for ferguson. income inequality. it is already a battle cry on the left. you can bet ferguson would become a big part of that conversation. the problem is, it does not happen overnight.

it takes hard work and sacrifice. hopelessness is not the only choice for americans. "varney and company" is about to begin. ♪ charles: ferguson woke up 2 miles of destruction. bo dietl is here with us. obviously, there is real anger in the community.

some media outlets are critical of the police. some are standing back. >> i watched it last night also. they were very restrained, as far as i am concerned. i remember the riots in the 60s. i was in the blackout riots in 1977 here in new york. the officers made arrests and they cracked heads open. pretty much let them do what they wanted to do. they were robbing the stores. they were setting things on fire. we cannot let that continue. they are destroying stores that they shop. beard they are destroying mcdonald's.

charles: i did sneak out. i went to a couple of stores. there were not a lot of arrest. >> statue of limitations. to not make arrests. whenever the looters come out, just give them a little teaching. times have changed. >> you have to work hard. you work hard. i work part. we have laws. i enjoyed listening to the president's speech last night. he did not want violence there. this does not do anything.

this does not help this case. i guarantee half of them do not know why they were there. they were react to the opportunity. it is a party. that is a crime. they should all be lockedp. >> charlie gasparino is on set with us. >> the dollar damage of this will be off the charts. unfortunately, someone died. a police officer was attacked viciously. i am not a big fan of the cops, never have been. this was 100-zero.

i bet a lot of african americans own homes in that city. if you have a business in that city, those people's lives are destroyed. charles: maria had the ceo of kaser on. it shows an amazing drop in crime. is this just the way it goes? what this ultimately and it? >> everyone has a cell phone camera. if we had a camera on that officer with this guy attacked him, you would understand.

this guy was fearing for his life. this is what everyone still has the belief on. the forensic evidence shows differently. >> this became such a political thing for the reference, al sharpton. >> when this became political-- charles: it would have been a lot harder if there would have been actual video evidence. >> when he ran that video, you know, that showed the violence in the guy a little bit. charles: thanks a lot. president obama addressed the nation. both just talked about it.

we had writers at the same time nearly flipping over a police car. we have peter barnes in washington. >> here is what he said. >> let's take a look and see how things are going. eric holder has been there. we have had a whole team from the justice department there. they have done some very good work. >> attorney general holder has two ongoing investigations into the events going on in ferguson. charles: thanks a lot, peter. back to your money.

the economy. up from the previous reading of 3.5%. stocks moving somewhat sideways. the big question, hitting 18,000 before thanksgiving. still possible. we will asked a stock picker in the next hour. three days from the start of holiday shopping. look at that. a basket, by the way, of retail stocks. nevertheless, these stocks have had one heck of a run. nicole petallides on the floor of the new york stock exchange. let's talk about tiffany's. nicole: why not.

holding onto gains despite that consumer confidence number. the stock is up about one and a half percent. hitting new highs. they solve their same store sales doing well and growing. that is another thing that has done very well for us. they did that their full-year forecast slightly. however, moving to a new all-time high. charles: the obama architect that thinks voters are stupid or will appear before the white house committee. any sort of satisfaction out of

this guy? >> some people are actually calling him to return some of that $6 million. the reality is obamacare was sold to us through so many previous machinations. here is a guy that said here is what we did. here is how we did it. here is why we did it. he is doing the nation a great service. we should not be attacking him. this was rammed down the american people's throat. he came out and spoke in plain english language about how it went down.

charles: a vitamin is something that is good for you. these guys grab something and ground beef that is not good for the american people and knew it. >> group or did not do that. president obama did that. nancy pelosi did that. charles: there is a piece out. he knew the outcome of this. >> so did the president. so did nancy pelosi. this is one guy that spoke the truth. if he speaks as clearly as he spoke in those videos to congress, this guy should be applauded for telling the truth.

>> all right. another ugly reality from obamacare. one enforces child to post calorie counts. it is going to cost a whole lot of money. it could even cost jobs. ♪

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investors do not like that. another all-time high for apple. look at that boy. obamacare. that is a gift that keeps on giving. even movie theaters and vending machine operators put calorie counts on their food. some companies say it will cost jobs. we have a registered dietitian with us. he also owns a kickboxing gym. >> we burn it. that is the way we do it. charles: we are a business channel. all of these regulations, you have to make a small business owner go out there and reprint all of their menus when we know that fettuccine --

[laughter] charles: isn't this heavy-handed stuff? >> the purpose is that fda is making a claim, if you will, that these new calorie counts will help people make informed choices about their food selections. charles: because i couldn't do that before? >> you certainly can. most individuals would understand that a double bacon cheeseburger with have a lot more calories than a chicken salad. i think the issue is when people feel confused at a restaurant situation or when they are making a selection on a daily basis. they are being presented with all of these different options.

a lot of people are simply confused about what the best option for them is. they are assuming that people will make better choices as a result of knowing what that calorie count is. charles: lower the calories by 6% initially. golly, why did we go through this? >> there is a new invention. it is called the google. if you are worried about your ham sandwich, put the ham sandwich into google and you will figure it out. if you talk to doctor yours, when you cut your hand now, it

says you cut your hand, now you have to specify exactly how you cut your hand. it is creating so much confusion and bureaucratic red tape. they will be worn out. >> that was the argument. charles: forget about the money. it is just the right thing to do. >> that may be true. at the end of the day, there are hundreds of applications that help people make healthier choices every day. are people using them? i do not know.

charles: aren't there things that are more important than the calories themselves? could we be on the cusp for something even more daunting? >> the general person does not even know what a calorie is. when it comes to controlling weight, calorie is what is mattering. unfortunately-- >> when you open this up to bureaucrats, let's face it, they will micromanage this, they will cut down fat.

menus will be like this thick. menus. >> i am also worried about the slippery slope. it is not good enough for you to know what is bad for you. bob for them to regulate you, maybe you will have to pay extra taxes. >> i hope not. that creates an on healthy attitude about food. it is meant to be enjoyed with moderation. moderation means different things to different people. you need to understand how many times you are eating out. what is best for you and your lifestyle. >> here is what i am worried

about. we are spending so much time on this nonsense. this information is readily available. we should be worried about cancer and things that really matter. charles: unfortunately, we are not all brilliant about our health. the new calorie count rules will cost businesses save money. it will cost you the taxpayer hundreds of billions of dollars. $270 billion a year. right. find out what it is next. ♪

charles: take a look at netflix. the stock is actually down for the year. suspect timing here for those 34 new regulations. rich and is in washington, d.c. with just how much.

>> an update on its ongoing regulations. an industry trade group that opposes these new standards. also owns specifically woke up by $270 billion a year. other trade groups say this will be expensive regulation. the administration says it is on track to release the details of this on monday. the administration say the health benefits outweigh the cost. charles: i always find it interesting. i do not know if you realize it is about double what ronald reagan used to figure and. do they have something in there about anchors and reporters?

[laughter] >> your production team did notice i have a little less product in the hair today. i think we are just leading up to the holiday weekend. [laughter] >> taking it easy before i get up there. >> if i don't have product, i look like john travolta in saturday night fever. charles: thank you very much. [laughter] charles: president obama is on his way to give a speech on immigration. we have governor mike huckabee after this. ♪

>> we just had a big lonely. there is another found that just went out. teargas.

charles: checking on your money. that is a big board. tiffany said an all time hi. stronger sales, stronger demand. looking really good here. speaking of the six savior. all you'll. still at a four year low. now, to the latest on ferguson. building still burning. more than 25 businesses have been destroyed. >> you can see an example right behind you. it is 1 mile and a half.

that repeats itself over and over and over again. every business has some damage or had a fire burning in it. hundreds of kids running around smashing windows. stealing what they can. most of them were from the ferguson st. louis or nearby areas in illinois. captain ron johnson think this community needs to own this distraction. charles: thank you very much. no plans right now to go to ferguson. what we have here, from a leadership aspect and from a

government aspect, what has he done right and what has he done wrong? there is no way he can do anything other than a firm the rule of law, which he did. the fact that he weighed in and said the justice department down earlier was a good move. here is the most important conclusion. the test the eyes looked very thoroughly at this evidence. they worked with local law enforcement officials. they did not find evidence that was lead to charges. the evidence did not take them there. it did not take the fbi there. it did not take the state of local officials there.

what is so sad is to see people from outside of ferguson go and destroy the community that does not deserve this. charles: here is the thing, though, governor, and lots of people call ferguson obama's katrina. my opinion, with the population there, i think that a guy that could have gone golfing over 200 times should have been there. everyone knew no matter what his verdict was what the outcome would be. i just kind of pushed back a little bit on this. i think there is a point in time when the president truly rules of his sleeves and goes in front of the people face to face to

say the things that he said. >> fair enough, charles. there is a big difference between a natural disaster like katrina and a crime scene. the president has to be careful that he does not start weighing in on every local crime. if he goes, then he risks turning it into an event bigger media circus and it already is. if it happens, a lot of this columns down. and lots of people who are burning buildings one to be reckoned diced. they want to make some national noise. most people do not burn their own businesses down.

they do not burn their own homes down. charles: i am with you on that. for the most part, homeowners, business owners and a lot of regular people had nothing to do with this. young people are sinking in this period of hopelessness. it is easy to spark them. it is easy to get them going. let's not forget, 2016 will be all about income inequality no matter what your race, color or religion. >> it may be. america's economy is made strongly. people can work hard and the rewarded for it. when we have a country where

people cannot get work and when they do it is dead and, you end up with an incredibly frustrated population. part of the reason we are in a -- they are angry. it has to be channeled. it is the american way. dennis: let's talk about a word after thief. and lots of people are being paid pretty good money not to work. how do you shift their minds? that first job, that first step usually means a pay cut. how do we convince kids to take that?

>> one of the dumbest things we have done is pay people 99 weeks to not work. if people are able bodied, if they get an unemployment check, after three or four weeks, then there will be some type of public service. you need to do something for something. not nothing for something. one of the failures of this country is we punch productivity. i don't care if we're talking about somebody that just did not work today or some wall street firms that reckless leet ruined their business by doing stupid things. it is illogical and irrational. we need reward people that work hard.

charles: where do we go from here? where do you see america headed from this point? >> i think america needs some positive leadership. it is a country where they will give you an opportunity. you have made it the hard way. so have i. you do not have to stay where you started. that is the message of america. you do have to make yourself available. you have to go in early, stay late and work hard. if government would stop punishing people, let me give you an example, a guy decides to work 16 hours a day and take a double shift. he should get twice the pay

check. that should not put him in a new tax bracket. he shook it twice the pay check. i am talking about people that start at the bottom and they want to move up. if the government punishes them, that is insane. charles: all right. dan huckabee. one word. amen. two and a half million dollars last year working for the union. we have this story at 12:53 p.m. ♪

the 20 we have had back and forth action. the dow jones industrial average back and record territory. the nasdaq composite, highest levels we have seen since the year 2000. united technology and visa some of the leaders. cracker barrel comes out and talks the estimates. the stock is up more than 3%. then there is apple. $700 billion in market cap today. hitting a record all-time high. netflix, people downgrading.

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charles: a slow down in the specialty and on june products. buffalo new york red did still recovering from last week's record breaking snowfalls. starting to dig out.

warmer temperatures and rain hoping the clean up a little easier. the national weather service issuing a flood warning until later tonight. just moderate flooding of low-lying areas. hold onto your hat, there is another big storm heading up the east coast just in time to ruin your thanksgiving travel plans. it is starting tomorrow night. we will have a full report on this one. all right, only three days away from the start of the holiday shopping season. some people may think twice before they use their credit cards on the internet. joining us from boston. first, how are you going to keep people coming to your site,

using their credit cards? >> you know what i think is happening, certainly a lot so worried about credit card. and lot of the preachers have been from brick and mortar stores. >> we had the gdp number out today. it was really good. the economy is picking up steam. e-commerce was up 16%. we were up about 42%. we are clearly taking share. folks are finding this. charles: a matter of people shifting spending? all-time highs.

the numbers are coming out. savings went down. at some point, if wages do not start going up, the only way to keep this going is to start using or credit cards. is this some type of pause? >> i think that there is kind of too important points and what you just said, charles. the health of the u.s. economy is a big piece. e-commerce is growing. providing a better alternative. a lot of the growth is shared shifting. charles: people that work at these brick and mortar places. all of these stores are in trouble.

where are people going to work? >> i do think what jobs exists of their may change some. we are growing at a fast read. i know amazon announced. i think that there are different jobs being created. some of the brick-and-mortar retail jobs may in fact not exist. there is a bit of a change. i think that there are new jobs being created. that is a real opportunity for folks. charles: continued success, my man. >> thanks, charles. charles: hundreds of government workers, they are doing union work on your dime. they give paid. it is your money and it is next.

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's alert for you. amber vincent, she is asking the

bridal shop that she visited for a refund. she decided to go elsewhere. she has already lost tens of thousands of dollars. federal workers. doing work on labor unions. a special time that you are paying for. it is legal. just another example. >> the political fix is in. it was particularly with democratics on this. you know, running the government this is a political payback. they get all of these special

perks. >> you are in charge. these unions are essentially hiring your boss. >> look who put comrade bill difazio and as mayor of new york city. he was brought in primarily because of the unions. this pre-k thing that he is doing -- it is all over the place. it certainly does not mandate. charles: i think all of this makes the victories. >> new regulations. what this does to the economy. a big snowstorm coming up the east coast. janice dean has to forecast.

the second hour in just a few minutes. ♪ ♪ (holiday music is playing) hey! i guess we're going to need a new santa ♪(the music builds to a climax.) more people are coming to audi than ever before. see why now is the best time. audi will cover your first month's payment on select models at the season of audi sales event. visit audioffers.com today.

>> more red tape, more government regulations, more money and it is really ridiculous. obama administration dumps 3400 new regulations on american taxpayer a few days before thanksgiving, mark no conversation to reject. most are focused on the big turkey but who is a big turkey? 3400 new regulations, just one of them on carbon will cost you $270 billion per year. for two months we have been dancing and celebrating the extra money we have gotten, $0.33 drop in gasoline adds up over time but imagine what we could do with an extra $270 billion in our pocket every year. almost a billion dollars per u.s. citizen from one of the 3400 new regulations.

the obama administration is taking our money and spending it anyway they want and killing business and the american dream. ♪ charles: update you on the latest chaos in ferguson, missouri. absolutely destroying more than 80 people arrested. my be says president doesn't need to go to ferguson. >> there is no way he can do anything other than a firm the rule of law, which he did and call for peace and calm, which he did. the fact he said the justice department down earlier, even that was a good move because it said there will be federal attention given to this. charles: the president going to chicago today but the president has no intentions of visiting ferguson. back to the new administration,

the manufacturing says this could cost the u.s. economy $3.4 trillion by 2014. rich edson is back. >> no regulations on hair products, that should be coming in 2017. forthcoming rule on releasing ozone into the atmosphere, national association of manufacturers that could cause to $270 billion annually. also unveiling several major environmental regulations. new rules and carbon emissions for existing and newly constructed powe powerplants, cr of commerce say he could cost $50 billion per year, administration says the annual cost could be 7 billion. the epa set to update regulations for fracking on public land requiring companies to disclose chemical for use and the department of energy will regulate air conditioner and heat pump products to ensure

they are energy efficient. and number coming on the environmental issues. gerri: lamps will cost about 13 billion, residential wood heaters, 125 million, standard on ice makers 354 million furniture, that will cost 100 million. the rest of this gets completely out of hand, doesn't it? >> feel free to fall asleep upholstered furniture now. charles: thank you. let's stay on this story and bring in former reagan economic advisor art laffer. here is the thing, many people wonder once you set these things up, can they ever be reversed, can the club back the regulations? >> they can be but it takes a lot of effort. much easier to put something in then it is to take something out

but we can claw them back and i anticipate we will do that in 2017 and beyond. the ones that are more egregious and don't make any economic sense, no need for that regulatory structure. charles: $270 billion on energy, that kind of dollar amount, and annual figure for the ozone, that has to be passed on. no way every singer industry can take that kind of a hit without passing it on to the american consumer. >> when you realize how much that is compared to gdp, $17 trillion talking about 2% of gdp or something along that line, it is a huge amount of money to be put into something like that without at least having some ability to comment on it, have congress look at it carefully because obviously something is causing a lot of trouble you do want to regulate it. but if it is for the sake of more regulations, it is making

no sense to safely economy like that. charles: we like the idea of cleaner burning coal, but what some of these rules are set up in such ciccone and fashion that we know there is no way they can have disingenuous to say we are trying to push the coal industry to do the right thing. no, you are trying to them out of existence. >> and the al qaeda set a circumstance or they can be targets for regulations and finds and all of that. if there are enough requirements and restrictions, government agencies can have free license to go after almost any company to find something wrong and extort money. if you look at what this administration has done with a lot of the companies, just use alternative fuel taxation, it is awful. the city counties and local districts as well as state do this a lot, i mean they do it a

lot. charles: help me out here. seriously? do we have that much confidence in the economic turnaround want to jeopardize it to this degree? >> i don't think they know straight up about lamps. it is not clear to me these regulators know what they're talking about. what i would love to see his relations put on regulators to make them bear part of the cost of the regulations they put in. you have to make these people if they don't work and they don't work well they should bear the consequences of those policies as well. it shouldn't just be those people regulated. the regulators should also be controlled. charles: that would be called accountability and that does not exist. before the to go, the big for was capitalism ran amok,

unfettered capitalism. now we have gone so far the other direction with these relations and high taxes we have the most anemic, postrecession recovery in history. where would this economy be if it taken a more reasonable approach to all of this? >> it would be much, much more higher. gdp out guess we are 4.5 trillion off trend from 2000 the end of the clinton administration. what it also does, we have talked politics a number of times you and i, i'm excited in the change of politics from the top to the bottom, what it means is when the policies are changed in 2017 and we had a progrowth agenda, you will see the u.s. economy come back like you have never seen, it will make the reagan recovery look like kids play. i'm so excited about the prospect of the u.s. just by getting rid of all of these

relations and requirements getting a low rate flat tax, sound money, animal regulations, we will have such a boom like you have never seen. i just want to live long enough to see it. charles: we're just telling the audience hold on, help is coming. >> it will be a boom. thank you. charles: back to your money, third-quarter gdp revised to higher rate 3.9% from 3.5%. let's check on the big board, stocks meandering in a very narrow range, we have come a long way in a long time. still a record high. the big question is can we hit a 10,000 by the close of tomorrow. we will ask stock picker in about 40 minutes. and the s&p 500 hit a new high pulling back a little bit but again for all of these are to

the upside. speaking of upside, tiffany's a good winner at an all-time high $110. go back a little bit, looking at a big stock. check on gold, gold mounting a little bit, that number hanging in around there for a while. the big news in the release pocket, oil still at a four-year slow. down $1.40, under 75 for some people is a red flag meaning you're guessing overnight $2.81. great news for your wallet. pandora getting hit. what is the story there? nicole: talk about the price of gasoline dropping. what is going on with pandora down 6% today. streaming music online, very hot, $4 stock now at $18.61.

cutting to an underperform majority of the analysts still have by ratings to an underperformance. because the royalty board has set the rate going forward for 2016 through 2020, they think it will be debilitating so they put a price target of $11 down from 28. back to you. charles: gran grand jury not indicting the ferguson police officer in the shooting death of michael brown. we have a criminal defense us. as the press conference was going on last night, i was really enthralled by the process, the grand jury process. i didn't think it worked that way. the grand jury coming in once a week. putting a lot of pressure on these citizens. >> and they rose. charles: not to be impressed by

their neighbors and the press. >> let's be honest, the pressure was not for them to find no true bill, it was to indict this guy on something and this was a money show, when i was a prosecutor jurors in a trial were sequestered which meant once the heart of the case started happening, they never went home. they were escorted from the courthouse to the hotel, no newspaper, no television, a court officer listening on the other line so they did not have those influences on them. because of money and budget cuts, they stopped doing that. you are right, there was a tremendous amount of pressure. the pressure on them was to indict. the evidence must have been so damaged they couldn't even agree nine of them couldn't even agree on one thing to indict on and

avoid having this hanging over their head these for the nine people who caused all of these poor business owners right before the holidays to lose their business. charles: i listened to the questioning and i couldn't tell if the debate was in the grand jury along racial lines, along more. >> it is a crime for them to discuss it. talking about money, if you are on the jury who has a 25, $30,000 per year job, and xyz publication today figures out who they are and calls them and says we will give you $250,000, $300,000 to tell your story, are they willing to roll the dice the judge won't send them to jail because they told the story? maybe, but it is illegal, improper and they are not supposed to tell what happened and were not supposed to ever know about the deliberation. charles: what happens next?

federal charges, some sort of action taken? >> the attorney general eric holder released a statement saying they are still investigating about investigation is at amateur aspect, they're still looking into this. i don't see it the way the prosecutor presented it, they work very closely together so i don't see that happening although it is easier to get the indictment for the federal grand jury than the state. there will be a claim, but these cases regarding money, they put value on somebody's life and you have an 18-year-old kid who doesn't work, who doesn't support a family, nobody is dependent on him, i don't believe he was a college graduate. charles: you wouldn't expect them to go by the book. this is so incendiary maybe they will settle out for some huge number.

seven digits. >> yes, but low seven digits. charles: a few million dollars to wrap this up without any public scrutiny. because speaking of it, and other night like last night you would be willing to pay a lot more to avoid that. >> last night what happened was horrific and those people who were writing should be prosecuted to before the of the law for stealing their properties. charles: 61 arrests, probably should have been a lot more. we have a big snowstorm heading up the east coast on the busiest travel day of the year. we will have a forecast for you and the obama administration dumping 3400 new relations on the country. the businesses, the taxpayers. one will cost 270 billion per year. after california, there is a new requirement putting warning

stickers on gas pumps because drivers are causing global warming. and launching off the recent comments of journalists and whole bunch of other flops. we have the ceo next.

charles: stock alert on the big names you know. take a look at that, netflix downgraded to a hold from a buy. the stock down for the. on the other end of the spectrum another new high for apple hitting 119 earlier in the session. still holding on to a slim gain so far. coca-cola, the shares are trading slightly higher. launching a new milk nationwide which will sell for twice the price of regular milk hitting the shelves next month. lauren simonetti joining us with us now. coca-cola and the milk business. i thought the one thing that was going to be worse was milk. >> one or two people drink milk. we are not linking not the way

we used to. however we are all about protein. protein's fastest growing category in the beverage industry so coca-cola struggli struggling, people are not drinking as much anymore, they put their money behind this product right here. it has more calcium and half the sugar because it is ultra filtered good put all the good stuff into it. that is why they can charge double the price. target audience females 25-39, people who care about their body and moms. charles: it is real milk. >> real milk from a cow. charles: you can put me down as a no, i don't think so. >> people spent a lot of money on milk. charles: people who still believe in milk pay for it, they will not pay double. a direct competitor to uber says yohe should choose them because they are not "a-holes" like

uber. listen, i love the gumption of you guys, but you are taking on what some people are calling the dirtiest, meanest company in corporate america right now. >> the taxi industry has a lot of natural advantages that he will bring to it. the ability to bring a lot that do take taxi rides to take the taxi ride through a smart phone apps. charles: i have to push back a little bit on the idea the taxi industry has a lot of natural advantages. the only advantage i could see in new york city was if you had the medallion and the barrier to entry.

uber has blown this up as the most disruptive business models, absolutely crushing taxis all around the world. how can the taxis have an advantage? >> it is not crushing taxis. so the main advantage i see them having is safety. safety for the guy driving you and the city that it operates. every taxi driver is fingerprinted, goes through a federal database, the bar to entry is way below that. the driver would have to map the u.s. population with a million drivers and the u.s. felony rate is 8.7%. your calculation in terms of how many felony drivers are in uber. the other is price. the way uber is pricing it with

very low demand, nobody wants to get a car very cheap but as soon as there is demand, it can lift to eight, nine times the price. what was left me into a store and paid $900 for the service. the pricing is another place for taxi to have the advantage. and availability. in downtown and airports there is more availability of taxis then uber cars. charles: for the consumer i wish you a lot of luck because the end up winning either way. although listen, it is i think an uphill battle for the traditional taxi industry hoping your application can make it verified and we all are in for it. i love the gumption you guys took these guys on head-on.

thanks a lot. we have a really big stone storm headed for the northeast on the busiest travel day of the year. janice dean will tell us what we need to know next. (trader vo) i search. i research. i dig. and dig some more. because, for me, the challenge of the search... is almost as exciting as the thrill of the find. (announcer) at scottrade, we share your passion for trading. that's why we rebuilt scottrade elite from the ground up - including a proprietary momentum indicator

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charles: take a look at the rig green mountain. one of the leaders in the s&p right now up pretty big. it took a hit last week and started to come back already up 100% from the start of the year. buffalo, new york, cleaning up after the snow. making the job a bit easier. the national weather service issuing a flood warning for some parts of upstate new york saying melting snow and rain could freeze rivers and low mining areas to flood. only moderate flood damage being forecast in this report. it is not over yet, another dig nor'easter moving up the coast just in time for thanksgiving. let's go to janice dean live at

the weather center. grandma is a way, is is going to screw it up? >> grandma is on her way to you? from where? charles: alabama. >> when? charles: she is opposed to leave today. >> that is good. maybe tomorrow is supposed to be disruptive. one is going to make it. is that good news? charles: for me it is great news. >> because this frontal system is going to provide some of the moisture for the low pressure center, we have a threat for severe weather across the central florida region so even isolated tornadoes. and this low will form for the southeast toward the mid-atlantic so this is tomorrow at this time new line with d.c., west of philadelphia, starting to see some snow into

new york city around the noon area around the new york city area for several hours in the afternoon and boston into the overnight as well as new england. all day wednesday it is going to be a mess. so here is the bottom line, transitioning the snow by wednesday for many of these, interior section six to 10 inches, some could get 12 inches plus all along the coast with snow generally three to 8 inches and from this time yesterday talking about a colder storm, more snow anticipated at this hour than originally forecast yesterday. yeah, we could get six to 8 inches mix in with some snow could cut back on the snow totals. philadelphia watching you come up toward boston could get 10 inches and the interior sections we could get the

jackpot. the bottom line is wednesday will be a mess along the i-95 corridor as well as the midwest and charles, when you have delays along this area we will see a ripple effect across the country, so a lot of cancellations, a lot of delays. if you don't have to travel, do not travel tomorrow. travel today or thursday morning. charles: janice dean. i like you say classic nor'easter as if this has happened before, not a new phenomenon. >> it is not. >> businesses burned to the ground in ferguson, 80 arrests so far. tensions are high. we have an update for you after this. >> they are destroying the mcdonald's, they are destroying things of their own community, burning them down. you have empty buildings burning. there was no question she was the one.

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before let's check the big board. we have to wait 18,000 by thanksgiving, a slew of economic data out tomorrow morning. companies like tiffany's in an all-time high, 110 bucks, it is up, higher sales, higher demand. everybody wants a piece of the action and this is one

of the reasons. oil is at a four year low and breaking down big time. as a result, gas holding steady. over $92.81. i call it backward prosperity, more money in our pockets. let's get back to ferguson , charley davis is the owner of ferguson's burger bar and more. as i understand it, were you able to get over to your business and assess what has gone one? >> no. i was not able to go there today. charles: everyone talks about this, leading up to this, it was in the media that this was a powder keg. did you ever consider standing in front of the store? why don't you think the community has enough respect for small business owners like you to say let's not touch this guy, his life, his livelihood? >> i never talked about that.

like i told everybody, i put god first and god gave me the business, god is going to protect it. if he chooses not to protect it like today maybe he is telling me, i have worked 15 a 16 hours a day, the past 16 months, i needed day off and that is the way i will look at it. it is not that people don't respect small business, just people are in creepier coin. different groups are doing different things agendas and you never know who it may be. it is not necessarily the ferguson presidents who are doing the damage. it could be other groups who may have an agenda of their own. if there is something wrong with it, so be it. it is what it is. i look for god to protect at which as far as i know as of

last night he did, not able to get there today to find out if anything happened. charles: i have seen you on tv. you are a good man. no matter what the message is from god i hope you keep the business going. you are an example what can be done with the right attitude and a 15 hour work day. thanks a lot, good luck. >> i try to open up today. stuart: charles: hopefully you will. we will touch base again. president obama gave a statement from the white house, protests heating up in ferguson. he called for a peaceful protest as protesters attempted to flip over a car. should he have been in fergus and? fox news contributor, had this conversation with mike huckabee, he actually agreed with the way president obama handled this. i vehemently disagree with this.

i am not saying you go there and decide who's right or wrong, but you tell people this is a powder keg that is representative not just of ferguson but perhaps the nation. what say you? >> it is such a difficult situation on every level. i am not generally a fan of this president as i think you know but watching the statement, reading the transcript of this morning i have a few quibbles with it. i wish he had said a few things differently or emphasize the other things more but overall it was a sober, solid statement from the president that we needed to hear and as for the question whether he should be there. i think it is a no win situation for him. if he isn't there and gives the statement from the white house there are people like you and others saying he should be there, he should be standing up and leading by example and throwing up his sleeves but on the other hand if he shows up down there, then there's a chorus of criticism from other people saying he is making at

all about himself, taking away sorely needed resources. i do not have a problem with him making the statement from washington d.c. and not entering that for a especially now. charles: my idea was before the grand jury thing, the way i would have handled this is you don't pick winners and losers in business, you don't pick them in the legal process. i would have met with the police officer involved, with michael brown's family and the community leaders. a statement from the white house means nothing to young people in the streets who feel despair. it is not politicizing it, the exact opposite. if you can play golf 200 times a year take one day to say i am going to stop something, i'm going to roll up my sleeves and talk to everybody involved, not for teleprompter but face-to-face. there's a time for that. that was one of bill clinton's times that helped him out. every now and then that

touchy-feely thing, forget the political playbook. where do we go from here? where does the political scene go? i think ferguson will become part and parcel of the debate on income inequality and the problems with capitalism leading into the 2016 election. >> some people might try to exploit this for other partisan ends. i think most americans won't buy into that. most americans have watched the ferguson situation in war and disappointment and sadness and i tried to avoid talking about this issue or writing about this issue as much as possible especially because i didn't have the facts that those grand jurors had. they were privy to so much more information than anyone on any air waves across the dial have been screaming about for the last several weeks and they came up with a nobel decision on potential charges. that doesn't mean, although i suspect strongly based on that

evidence or lack thereof that justice has been to some extent served here that doesn't mean my heart still isn't broken for michael brown's family. i know they're disappointed with the decision. they're still young man who is dead whether he was an angel or whatever you want to say about him, he is still gone, that is very sad and scientists and that simmering a anger in the community but it is so important for facts and reason to win out rather than just a anger and resentment and feelings but i'm afraid that ship has sailed. charles: thanks, appreciate it. obamacare affecting what you eat, forcing restaurants, grocery stores and movie theaters and vending machine operators to the calorie counts on their menus. this will cost a ton of money and some companies say will cost jobs as well. lori rothman is here with more details. to live really need this? july need the movie theater,

this artificial butter that we are putting on your popcorn is going to make you fat and clawed up your arteries? >> it is great to be here, now will lead businesses will cost money and jobs but it will cost us money if you think about it to know how many calories we are consuming. little bit ludicrous. this is under obamacare and essentially via idea is to force all these food retailers to post the calories so maybe you will think twice about the food choice you make ultimately lowering your long-term health costs to stave off diabetes, cancer, heart disease, all the evils of the world but in reality companies like kroger are coming up saying we can't afford this. will cost us industry ride $1 billion to get these labels up front followed by hundreds of millions of dollars subsequently to keep up with the labels because the grocery store you are constantly changing over food items so constantly changing those labels and kroger said they would cut jobs.

charles: the same administration that low gets the idea of telling food stamp recipients what to eat, thereby taking the onus off of the individual but once again -- >> this food labeling also includes labels on alcoholic beverages. to tie that into this. charles: thank you. blackberry, they have an offer for you, it is a good one. $550 if you drop your iphone and pick up a blackberry. here is the question. would you do it, for how much? your answers are next. how can power consumption in china, impact wool exports from new zealand, textile production in spain, and the use of medical technology in the u.s.?

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nicole: i am nicole petallides with your fox business brief. we had some mixed economic news, better gdp numbers, weak consumer confidence, the dow is up 25 points, the snb hitting all-time high today, the nasdaq also higher, energy under pressure, the worst performers since conoco phillips, chevron, exxon, to the downside today. earnings, watching tiffany at record high today, sales on the rise, 2% and warehouse a winner

and the quarterly profit, analysts estimates in addition to the fact that they boosted their by back to $100 million take a look at these names, and hewlett-packard and tivo, more fox business coming.

sandra: 17 real sale stocks

here, let's bring in keith fitzgerald, and the retail sector, you don't like it. >> no i don't. is being redefined by technology. amazon, ali baba, a single brand of the way to go. you are looking at those retailers but the big box kind of stuff, with a certain term, not in your life. charles: talk about this rally. it is not inconceivable we could hit 18,000 by the close tomorrow. what do you think? >> i am going to hedge that one. they will miss it by this much, traders will get nervous coming into the holiday and not go along over this week for the weekend. charles: friday is going to be a huge day to the upside. that is what i am saying. it is not wednesday, it is friday. before i let you go, big names that you do like, you have an interesting take on toyota.

what is going on? >> toyota has a hydrogen powered car and i think detroit is being put on notice. lot of people thought the prius was a tin can with wheels, it is anything but an experiment. this car is going to change the game like tesla but it will go farther. i like toyota, new technology will be good for investors. charles: we heard about hydrogen doing well for 20 years. all flows hydrogen names, this time it is going to work. >> look at it this way. this time it is for real. is out there on the road. working on a for ten years. i have seen this in japan, this thing runs, a beautiful piece of machinery. charles: have a great thanksgiving, appreciate it. this time it is for real. blackberry, as they have this crazy idea to get people off of their iphones, blackberry is

offering iphone users $550. all you have to do is trade it for the new blackberry passport, digital trends editor in chief is here to weigh in. where d put $550? >> you have a lot of money and if you have an older iphone, you won't get 554 old one but if you are looking to get rid of that i see where they're going. charles: got to keep the phone for year? >> the catch is in the blackberry? not really interested, the company is trying to woo people over with hard cash. charles: these guys, they were like the king, and in a way -- i won't say i was glad they fell off but they had that co-ceo they were smug about. i hate co-ceos. will work? >> i don't know if it will move the needle. is the passport, the size of a passport, a dead businesses.

they are trying to woo consumers with money. they got to target one or the other. they need to double down on businesses. charles: status where they have their big league and the long time and conscription and safety. president obama gave another free commercial when he might or might not have forgotten his blackberry. wire businesses dropping? can't they still say we have something of a technological edge? >> they really do. it is a really good platform. people don't want them anymore. every department is facing this, bring your own device. does your i t department with your iphone or android and they will support it for you. it is not just going to hand you a blackberry. charles: i have to let you go but i have been trying to play that, i keep getting crushed by that bad boy. give me a stock to play on that. thanks a lot. i want you to check this out. forcing gas stations to put a sticker on their gas pumps because your car causes global warming.

you need to be reminded of that next.

charles: city officials in berkeley, california, i considering sticker label on gas pumps with a warning that burning fuel contributes to

global warming. jack fleck is from the beyond the pump team, one of the groups that is supporting the measure and joins us now. for you the science is settled and burning fossil fuels contributes to global warming. what purpose would the sticker serve? >> the state of california has determined burning fossil fuels is causing global warming and poses a serious threat to the public health and well-being of the state so we see the warning labels as a gentle reminder that people can make informed decisions and take action to be part of the solution and we can build a healthy economy at the same time. charles: california supports the highest gasoline costs. a lot of it involves regulations out there. customers will have to pay more money than they should to subsidize energy and give you the item for solar panel plant

that needs another billion dollars. when you talk about the economic benefits it feels at this point nations like germany and spain for a lot of money into this kind of stuff are hurting big time and the only thing we got our higher electricity bills for it. >> we see the clean energy movement, warning labels, clean energy is something that is a win/win, there will be a lot more jobs and business opportunities in wind and solar and electric cars but businesses are booming and that is the direction of the future and we encourage everyone to join the human race for clean energy. charles: that kind of language is disingenuous, if something happens you would hope the nearest ambulance was filled with that fossil fuel to get you to a hospital. having said that isn't it nanny state overreach. berkeley is the worst of this. why do you have to tell me what i need to do to be a good

person? >> this is what we call the water cooler conversation with someone will say something like that but someone else will say the label is right, what it says is true and we see this as encouragement the same way smoking this gnocchi their sizzle you can prevent forest fires or in world war ii when rosie the river said we can do it. this is a positive thing and in the same since the warning labels on cigarettes from the surgeon general are urging people to take a healthy choice. charles: we will keep an eye on this situation. if you can't get this done at berkeley you can't get it done anywhere. we will talk to you soon. thanks a lot. more varney next.

3rd and 3. 58 seconds on the clock, what am i thinking about? foreign markets. asian debt that recognizes the shift in the global economy. you know, the kind that capitalizes on diversity across the credit spectrum and gets exposure to frontier and emerging markets. if you convert 4-quarter p/e of the s&p 500, its yield is doing a lot better... if you've had to become your own investment expert, maybe it's time for bny mellon, a different kind of wealth manager ...and black swans are unpredictable. charles: that is it for me here on "varney & company." here is deirdre bolton.

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