good morning. it's monday, august 20, 2012. welcome to studio 57 at the cbs broadcast center. mitt romney and paul ryan are set to campaign together again. as a republican senate candidate shocks the race with his comment about rape and abortion. >> a fast-growing wildfire forces thousands of out of tir homes in northern california and michael phelps' new ad campaign could put the swimmer in hot water. we begin with a look at today's eye-opener. your world in 90 seconds. >> one friend barely got out. and he came back today and found everything's gone. >> western wildfires force thousands to flee. >> in northern california,

nearly 11 square miles scorched so far. 3500 homes are threatened. are burning across eight western states. >> there's fire everywhere. turn around, everywhere, it's on all sides of you. >> causing outrage, todd akin is asked about abortio and if it's allowed in rape. >> the female body has ways to shut that down. >> the comments brought a review from mitt romney's campaign. >> ache kin said he misspoke. >> scott ridley directed blockbuster movies, top gun, beverly hills cop ii. >> i love touching these worlds that haven't been touched before and how can i pull it off. >> diana nyad is making progress in her fourth attempt to swim from cuba to florida. the u.s.s constitution went on a 17-minute cruise. the ship hasn't been out to sea

since her 200th birthday. >> kobe bryant plays in shanghai to a surreal scoring exhibition. >> all that -- >> was born three wks premature. these help straighten her legs. that's cute. >> you can't do much but hold on and lock your brakes. >> and all that matters. >> growing frustration from the white house press corps. >> he has made time for reporters from people magazine, entertainment tonight. >> on "cbs this morning." >> not bad to be george clooney. >> he's a wonderful guy. >> he's cute. i'm just sayin. >> he's cute. i'm just sayin. >> it's factual. captioning funded by cbs >> welcome to "cbs this morning." charlie rose is off. we're now one week from the republican national convention.

governor mitt romney had planned to campaign separately from congressman paul ryan until the convention. >> instead, they will appear together this morning at a town hall meeting in manchester, new hampshire. jan crawford is there. good morning to you. >> reporter: good morning, gayle. good morning, jeff. listen, when you see these two together, it's clear that ryan helps romney feel more at ease, more relaxed. the campaign is bringing them back together for this town hall sooner than planned. over the weekend, ryan was out on his own in florida and he was taking head-on one of the issues that people thought would be his biggest liability. his plan to reform medicare. campaigning in florida, paul ryan brought along his mother. >> this is my mom betty. >> 78-year-old betty douglas. a florida resident and medicare recipient and made the point he wasn't ending medicare. >> when i think about medicare, it's not just a program. it's not just a bunch of numbers. it's what my mom relies on.

it's what my grandma had. >> ryan emphasized that under romney's plan coverage wouldn't change for his mother or anyone else over 55. the obama campaign immediately attacked, saying republicans how the plan would work. about >> you would think they would avoid talking about medicare given the fact that both of them have proposed to backtrack the medicare system. i guess they figure the best defense is to try to go on offense. >> even republicans admit the romney strategy to pivot away from the economy and talk about medicare is risky. >> it's either going to be one of the great political decisions or one of the political mistakes. it's a gutsy one. >> former new york mayor and romney supporter rudy giuliani was involved in sunday's heated exchanged. when asked about joe biden's

controversial remarks week telling a crowd with hundreds of african-americans that romney and ryan would quote put y'all back in chains, giuliani and dick durbin went at it. >> that was a blatant appeal to racism. >> there isn't a racist bone in joe biden's body. to suggest that is, i think, over the edge. >> now, romney campaign sources say they're going to keep hitting on medicare and today they're ut with a new ad taking on president obama on another social program. this one being some of the changes he made in the welfare law. the romney campaign and in this new ad hits hard saying that obama loosened -- the president loosened some of the work requirements in that welfare law that romney will put them back. here we have a campaign that everybody said would be about the economy. we're talking about medicare and welfare, but the romney campaign said these are part of people's bottom line. >> jan crawford, thanks. the romney/ryan campaign is

criticizing a fellow republican in missouri this morning after a bombshell comment about abortion, rain and pregnancy. nancy cordes is in washington with that story. >> good morning. >> good morning. the comments made by missouri republican todd akin caused a firestorm not because it's one of the most closely senate races. they're seizing on his comments as they try to push the notion that republicans are out of touch when it comes to women's health. >> congressman todd akin of missouri just won a tough three-way race in the state's republican senate primary. in a local tv interview on sunday, achin was asked about s support for a ban on abortion even in cases of rape. >> first of all, from what i understand from doctors, that's really rare. if it's a legitimate rape, the female body has ways to try to shut that whole thing down. >> his suggestion that the

bodies of women raped by force will generally reject a pregnancy was met with instant scorn by his opponent, first term democratic senator claire mccaskill. in a fundraising letter, her campaign told supporters that he's archaic, ill-informed justification i had to share it with you. they considered mccaskill one. most vulnerable democrats in the senate. she comes from a state that often votes republican. defeating her is central to the gop's plans to try to win back control of the senate. opponents have spent more than $16 million against her. >> mccaskill will raise our taxes but didn't pay the taxes on her own private plane. >> his comment is getting reaction on the presidential campaign trail. the romney campaign was quick to distance itself. saying governor romney and congressman ryan disagree with the statement and a romney/ryan administration would not oppose abortion in instances of rape.

>> i was really terribly concerned that todd akin would say that. >> in an interview with cbs news democratic party chair debbie wasserman schultz sought to tie the comments to the gop ticket. specifically noting a bill vice presidential candidate paul ryan co-sponsored that tried to distinguish between victims of rape and forcible rape. >> as a woman, i'm really concerned that paul ryan doesn't understand that rape is rape. >> congressman akin released a statement saying he reviewed his comments and saying he misspoke. i didn't identify what about. he added he has deep empathy for women raped and abused every year. >> nancy, i want to ask you quickly about this politico report that the fbi probed an incident about several congressman on a trip to israel last summer. what do you know about this? >> that's right. the fbi according to politico did look into this trip where

about 20 people, members of congress, staffers, family members ended up going for a late night dip in the sea gallon galilee one night, including one member skinny dipping, eric yoder of kansas released an apology and said regrettably i jumped into the water without a swimsuit. there you go. >> regrettably, inseed. nancy cordes, thank you very much. major garrett joins us now. >> good morning. >> where to begin. >> segue right there, folks. >> the serious comments that caused a stir. fair for debbie wasserman schultz to tie this to the presidential campaign? >> democrats, and i talked to senior people in the obama campaign make the point consistently that mitt romney and his approach to abortion may be out of step from the obama campaign's point of view. they will say ryan is more extreme from their point of view

and they will talk about this legislation that nancy mentioned in herpes that tried to redefine what forcible rape is. -- virginia, ohio, florida running ads saying, look, this campaign, the republican ticket is inconsistent with women's views on these issues, whether contraception or abortion. they believe that's ground for them to fight part of this campaign on and romney advisers told me they're ner us about that arc of this campaign. the akin comments make them more nervous. >> it's hard to explain what a legitimate rape means. what does that comment mean. >> or there's a biological method by which a female's body knows. it feels bizarre and it's the last thing that the romney/ryan campaign would like to talk about. >> let's talk about paul ryan campaigning with his mother. is it effective to campaign with your mom, number one? are you surprised that they've

move off of the economy to the medicare making that front and center. >> moms work in contexts, political and otherwise. paul ryan, that's a pro-republican era. it was safer terrain. it wasn't the most aggressive part of florida. why would you? you're going to start with a friendly audience. the ryan/romney ticket is going on the offense on medicare in the sense they want to attack the president and what he did to medicare in the context of his health care law. they know that was unpopular in 2010. attacking the medicare reductions and the rate of growth was successful there. paul ryan doesn't talk about his future aspects of medicare. a voucher program. he mostly talks about what he disagrees with on the president. the obama campaign believes, when you talk about medicare and health care abdomen those issues broadly, that's our turf. republicans feel they have no choice in chicago and obama campaign believes that's terrain

they can work it and deal with effectively sniefl romney ryan back together again? >> i was surprised they didn't combine it all the way to the convention. as jan pointed out, they campaign well together. romney gets a lot of energy not only from paul ryan personally but from the crowds he brings much they wanted a week with the two of them apart to gain more stories. they'll try to increase that energy and lend credence to the romney narrative that it is a turn around ticket. >> romney, for the first time inviting reporters to accompany him to church. is it a sign he's more comfortable sharing that part of his life? >> it's a visually important part of his campaign. bringing reporters to see it is saying look, this is going to be a part of my life i'm going to be more open with. they're going to underline it to a degree at the convention to humanize romney. he's at least acknowledging that the narrative of his story which he's been protective of has to be more public and he has to

communicate. if he doesn't, it will be communicated by others who don't wish him well. >> major garrett, nice to see you. >> thanks. in northern california this morning, thousands of people have been forced out of their homes escaping from a fast-moving wildfire. it's just one of dozens of fires burning in the west this morning. 12 of them are out of control in northern california. and the so-called ponderosa fire already has burned more than 12,000 acres there. tami light ner in red bluff california. >> good morning, jeff and gayle. the ponderosa fire caused a state of emergency as of this out of control wildfire threat jens 3,000 homes. >> nearly a thousand firefighters are battling the fast-moving blaze that has burned 19 square miles of land and destroyed seven homes. >> this fire's path is directly headed towards many of these homes. conditions are just so dry. the brush, the grass, even the timber. >> those dry conditions allowed small fires ignited by

saturday's lightning strikes to spread rapidly through these rugged thick forests. zachary pritchard helped his family evacuate that is their home burned to the ground. fleeing the inferno, his arm caught fire as he rode away on a atv. >> i was on the road and there was flames on the road on either side. i looked up and everything was black. it was like i was in a black box and i just drove through it. i couldn't breathe and then it was fire everywhere. you turn around, everywhere, it's on all sides of you. >> firefighters are knocking down trees and working to build a fire line to protect homes. but right now, this wildfire is spreading with zero containment. >> i'm hoping. there's people that's already lost. all we can do is pray for them. >> this has been a particularly devastating year for wildfires across the kun trip. 42,000 wildfires burned about 6

million acres. now, that's about a million acres more than what is typically burned at this time during an average fire season. for "cbs this morning," i'm tammy light ner, red bluff, california. thank you, tammy. the pentagon's top man in uniform is in afghanistan this morning addressing recent attacks on nato troops by afghan police and soldiers. general martin dempsey is meeting nato commander and senior officials. ten americans have been killed by afghan forces in the past two weeks. heavy fighting is reported in syria this morning. and the second day of a major muslim holiday. syrian tanks have reportedly as clarissa ward reports from beirut, bashar all assad appeared. >> u.n. monitors are making their way out of syria now with the official end of the united nations observer mission inside

the country. the primary role of that observer mission was essentially to watch over a cease-fire that was to be implemented as part of kofi annan's 6-point peace plan. ultimately that never really took effect. the united nations has appointed a new special envoy, lakhdar brahimi. he's a veteran u.n. diplomat. in other news yesterday, we saw for only the second time since that large blast in damascus which killed four senior assad officials, video of president assad in damascus yesterday attending prayers. people watching the video were looking to see if we might catch a shot of the vice president. he is said by the opposition to have defected from the regime and to be making his way out of the country. this is a claim that the regime

denies. farouk was not in the video. there is no word on where he might be. for "cbs this morning," i'm clarissa ward, beirut. in china, a judge handed down april suspended death sentence to the wife of party leader. in a rare move, she was allowed to speak in court and said the verdict was correct. earlier this month, she confessed to poisoning a british businessman last year. the death sentence is expected to be commuted to life in prison. no explanation for the suicide death of movie director tony scott. police have not revealed an apparent suicide note that was found at his office. it was a sudden and surprising end for a director who worked in hollywood for 30 years. >> i feel the need, the need for speed. >> tone incompetent scott left his mark on hollywood with a wide range of hits.

including top gun and beverly hills cop ii. the british born director took his own life parking his car near the vincent thomas bridge in los angeles and walking on to the bridge and jumping into the harbor. without hesitation, according to witnesses. his mow sif was not immediately clear. but los angeles county investigators later found a suicide note in scott's office. scott made a career of working with some of the biggest names in the buness. denzel washington, gene hack man and with his equally famous brother ridley. director of gladiator and alien. scot-free productions. responsible for hits in film and tv. including the cbs dramas numbers and the good wife. >> you've obviously never made a man angry before but good luck incourt. >> wearing his signature red cap, scott discussed the filmmaking process with charlie rose in 2004 while promoting man

on fire. >> i like all parts of the process. there's nothing more frightening than making a movie and nothing more satisfying the days you're on the set. >> tony scott was 68 years old. he survived by his wife donna and their twin sons. it's time to show you some of the headlines from around the globe. britain's guardian says julian assange lashed out at the united states in his first statement since hiding in london. speaking from the embassy balcony, assange called on president obama to abandon what he calls a witch hunt against wikileaks. the wall street journal reports groupon from -- at least four big investors in the company have reduced their stock holdings. the initial public offering in nope november, the stock lost more than three quarters of its value, about $10 billion in total. the new york daily news reports on a bizarre scam by

melky cabrera. he was suspended for failing a doping test. officials say cabrera and one associate launched a fake website featuring a nonexistent sports screen. those stories and more right this national weather report sponsored by walmart. save money. live better.

artist thomas kinkade left behind thousands of beautiful paintings and a very messy personal life. his wife and girlfriend are fighting for control of his estate and we'll show you what's at stake and why it's such a shock for his fans. who leaked the photos for a new michael phelps' ad campaign. the trouble a gold medal winner could face and why so many athletes hate rule 40 on "cbs this morning." >> this portion of "cbs this morning" sponsored by hershey's simple pleasures. 30% less fat, 100% delicious.

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dashcam video from manchester, missouri. you can see an officer and a good samaritan pull a driver out of a burning vehicle last week. there it is. person is coming out right now. walking over. the victim was hospitalized with a head injury. they're being called heroes. welcome back to "cbs this morning." >> you may not recognize the name of thomas kinkade. chances are you know his work. he is one of the top selling artists ever. it's estimated his paintings are in one out of 20 american homes. as erin moriarty shows us, kinkade's sudden death touched off a serious dispute over his legacy. >> i've learned a lot about his art, i have to say.

good morning. thomas kinkade was proud to be called the painter of light. he even trademarked the phrase. but many were shocked to learn after his death just this past april that kinkade's own life was much darker than the idyllic images that he put on canvas. this is the first public exhibit of thomas kinkade's work since his death in april. and his fans 2,000 strong couldn't wait to get a look. >> the detail. the colors. >> lingering over the glowing windows and cottages, castles and lighthouses that make up the artist's massive collection. >> it speaks to their soul. >> kinkade's younger brother patrick came to unveil one of his final works. >> beautiful. i love it. >> is this honestly, the first time you've seen it. >> yes. >> he believed in theion not of the suffering artist and this one depicts the same kind of peaceful setting that established him as the painter

of light. >> despite his own frailty, tom he was able to communicate in a profound positive way. >> he was struggling more than this painting seems to indicate. >> my brother was a good person. but he struggled with his own demons. >> his death at age 54 from an accidental overdose of alcohol and valium began a series of shocking revelations. within days, kinkade's girlfriend, amy pinto, produced two documents she claims he wrote. giving her two homes, $10 million and control over his art. the documents are known as holographic wills because they were handwritten. but not notarized. they are now the focus of a bitter court battle between pinto and kinkade's wife nanette who was separated from her husband but never divorced him. rick barnett, a family friend for 20 years believes kinkade still loved his wife and would never disinherit his kids. >> in no way, shape or form can

i imagine that, that he would cut his family out or give consideration to someone other than his family. his four daughters and his wife meant the world to tom. >> kinkade's wife and children are still prominently featured in a new video tribute on kinkade's own website. and the estate they built together. that's estimated to be well above $60 million. at the height of his fame ten years ago, kinkade was mass producing his art in factories, adding a few final touches and a quick signature, selling a framed canvas for up to $50,000. when morely safer sat down with him, he had built a a family values theme. >> we view my work and my cultural sigh identity as heir to the walt disney tradition. >> but that became tarnished by kinkade's 2010 dui arrest and

the breakup of his marriage. things fell apart and when they fell apart, it seemed like they felt fell apart very fast. >> writer susan says the man everyone knew was acting completely out of character. >> acting bizarrely in public, including urinating on a statue at disneyland. >> he moved amy pinto into the family home in california. for now, shoos staying put. a security team is guarding the home to make sure none of the art is removed while the courts decide whether the man who worked with precision and sign his name with a steady hand could have signed off on this. >> it's hard to believe that someone who did this, did this don't you think? >> i don't know what this is. i do know what that is. and that's tom's legacy. >> are you concerned about who will end up controlling your brother's work ultimately?

>> i think ultimately what will happen is that right will win out. >> what is right? >> that the people who loved him will control it. >> his family? >> exactly. >> want to start by talking about these unusual handwritten wills. do they hold up in court? >> i think people will be surprised to know that these holographic wills are fal i had in about half the states. this is getting amy pinto a hearing in probate court. she said she's going to have proof that he wrote it. here's what the family says. maybe he did write it, although you saw that handwriting. >> it barely seems legible. >> they're going to say that he was under the influence and we know that he had been drinking a lot the last year and a half of his life. or he was unduly influenced. they don't say by who. this could be a battle. the next court hearing, i believe, is in september. i think the family is going to try to get it out of an open

court and into arbitration. they don't want to share all of this with us. >> it's always a dicey situation when there's a wife and girlfriend in any circumstance. is she entitled to anything at all? >> i think it's interesting. as part of the separation agreement which happened not to be completely executed, he was entitled to the housement she may end up with the house. here's the bad part. there's a lot of debt on that house. even if amy pinto ends up with the home and the studio which is part of it, i think it's in debt almost three quarters of its worth. >> here's the other question. his paintings were selling for a lot. does this -- does this dispute affect the value of his work? >> i find it might. especially because he was a painter of light and he led a very different life. whenever an artist dies, the value goes up. it seemed like when i went to the show on saturday, thousands of people came in to see his work. so i don't think it will affect the value. but certainly it means that there's a lot at stake in this

probate hearing. >> had he been with his girlfriend for a long time? >> no. just a year and a half. to be honest, what i hear from friends and i'm hearing. he had been dragging his heels on the divorce. he still loved his wife. so it's messy. >> very. very messy. thank you, erin. thank you very much. michael phelps has had tough competitors over the years. usually beat them. his biggest problem could be his new sponsor. show you how it may leave him in hot water on "cbs this morning." if you have copd like i do, you know how hard it can be to breathe and what that feels like. copd includes chronic bronchitis and emphysema. spiriva helps control my copd symptoms

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♪ >> that's a perfect song. cold as ice. this video taken during new york giants training camp. we'll see one giant dumping a

teammate into a tub of ice cold water. we don't know if it's a prank or hazing. but their coach is not very happy about this. this video was posted on twitter yesterday by a teammate who later apologized. giants coach tom coughlin says what goes on in the locker room should not end up in social media. i think he's right about that. >> my sense is that a lot worse things have happened in football locker rooms, correct? >> it should stay private. michael phelps' agent doesn't believe the decorated athlete will lose any of his 18 gold medals. >> he could be in trouble over a new ad campaign. jim axelrod is here with that story. good morning to you. >> good morning, gayle and jeff. louie vuitton launched it thursday. the pictures were leaked out toward then, toward the end of the olympic games possibly violating an ioc ban known as rule 40. >> michael phelps, the most

decorated olympian in history pose posed in goggles and a speedo in this louie vuitton spread taken by annie leeb wits. in another, he sat across from former soviet gymnast, whose record for most overall medals he broke at this year's olympics. but now, phelps could be stripped of those very medals because the photos surfaced on the internet earlier this month. sports business analyst a.j. mass tis. >> someone and no one knows yet who leaked photos of a photo shoot with michael phelps. the problem is that louie vuitton is not a top olympic sponsor. >> according to the rule book limits athletes competing from olympic games appearing in advertising during and shortly before the olympic games. violators could be issued wade ranging sanctions. >> you just became the most decorated olympian in history. >> the new rule is designed to protect the game's top olympic

sponsors like visa who pay up to $100 million each for the exclusive rights. some athletes, including those without lucrative endorsements say it prevents them from capitalizing on their brand. a twitter campaign urged the ioc to change the rules. sanya richards-ross say they leave the games without financial support while $6 billion earned around these games. dawn harper tweeted this photo. >> i understand the need for the athletes to tweet their sponsors and get them recognition. in the greater picture, there is no olympic games without these top sponsors. it's a catch it 2 to be honest. >> in may on "60 minutes," phelps showed off his medals to anderson cooper. >> these are the ones from '08. >> have you ever had them all together? >> no. >> the 27-year-old has a total of 22 olympic medals, 18 gold.

they don't think phelps will have to give them up any time soon but there's one things that leer. >> this is the best thing to happen to happen to louie vuitton. they will associate it with michael phelps. >> the ioc has not said what action it will take. all have denied leaking the photos. >> nobody knows nothing approximate nothing. >> can he be held accountable as he says, if he had nothing do with leaking the photos? >> i mean, the ioc hasn't given any indication that he will be held accountable. i think the controlling principle is that louie vuitton couldn't be any happier. >> that's exactly right, gym. thank you.

>> a young woman was stranded on a mountain with a severe injury. >> the pain has started. at first i didn't feel it. it was kind of funny. i didn't think it was real. >> that's painful. >> a remarkable video diary she made during her ordeal has become an internet sensation. we'll have her courageous story next on "cbs this morning." hi, i'm snuggle.

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than always going to the bathroom. so take charge of your symptoms by talking to your doctor and go to vesicare.com for a free trial offer. two colorado state students wanted to climb a mountain and watch a sunset. their hike took a nasty turn. >> what came out of it was a captivating video showing courage and calm during an extreme situation. terrell brown has the story and we should warn you, it contains some disturbing images. >> eric henry and lexi deforest wanted to take in a mountain sunset in wyoming. the couple was hoping to snap scenic pictures along the way but ended up capturing something much more gruesome. >> i don't know first aid for a foot that's not attached to your ankle. >> that's her mangled angle.

as the couple headed back to camp, they came across this six-foot wide trench. henry went first easily clearing it. deforest's leap of faith went short, she slipped. shattering her ankle. >> the pain has started. at first i didn't feel t it was kind of funny. i didn't think it was real. >> henry ran for help leaving her with a backpack and video camera. >> yeah. this is kind of really scary. oh, man. man oh, man. >> to keep her mind off the pain, she kept talking. >> love colorado. >> and talking to her family. >> yeah. shoutout to my familiar. >> and about her fears of being stuck on the mountain. >> i'm not going to tell you how scared i am of bears right now. >> deforest stayed optimistic hoping henry would soon return. >> i'm going to just flashy flash again. let everyone know that i'm here and i'm in pain.

>> an hour later, he arrived with help a lexi deforest was soon on her way to safety. >> eric! hi. >> you found me, eric. thanks. >> for "cbs this morning," i'm terrell brown. new york. >> bye. she's so calm. >> just incredible. your local news is coming up next. >> this portion of "cbs this morning" sponsored by purina. your pet, our passion. nd games here at the hutchison household. but one dark stormy evening... she needed a good meal and a good family. so we gave her purina cat chow complete. it's the best because it has something for all of our cats! and after a couple of weeks she was part of the family. we're so lucky that lucy picked us. [ female announcer ] purina cat chow complete. and for a delicious way to help maintain a healthy weight, try new purina cat chow healthy weight.

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not bad to be friends with george clooney. >> he's a wonderful guy. >> he's cute. >> michelle is always frustrated because a lot of the events that george has been involved in -- she has something else going on. >> is he keeping you busy with something? >> i don't knowment i'm going to explore that a little more. >> i will say a couple of times he's come to the white house, i notice that the staff suddenly -- >> everybody is there. >> sort of circulating which my office. they have memos they need to make sure i see right away. there's something going on there. >> they call you on the cell phone? >> the truth is he doesn't. >> he could. >> he's very protective about not bothering me. i think he's also -- he's also sensitive to the fact that if

he's around a lot, then somehow it will be tagged as obama hanging out with hollywood stars. that's not who he is. but he's a good person. >> put it this way. president obama says it's going to be friends with george clooney. that's from his conversation with entertainment tonight. it's 8:00. welcome back to "cbs this morning." i'm gayle king. charlie rose is off today. but jeff, if charlie was here, he's say it's good to be friends with george clooney. they're kind of pals too. >> always. >> always. you may have seen the popular high-powered magnets called bucky balls. last month the manufacturer asked them to stop selling them saying children can accidentally swallow the magnets. the business is fighting back saying the toys are meant for adults. the ceo of maxfield the owner of bucky balls is here this morning. craig, welcome. >> thank you. >> the lawsuit has been filed against you. why are they wrong? >> first of all, it's the first

time in 11 years they've filed such a lawsuit against a company. they are -- the rate of injury and incident of our product is extremely low in comparison to other products that are in the marketplace. we've sold millions of units. they report 12 incidents involving bucky balls. compared to other products, it's an extremely low rate of injury. adults have a right to choose a product that's exclusively marketed and intended for adults. we've never marketed to kids. this small rate of misuse is because it's used by the wrong user. >> basically these are very, very strong magnets and the concern is that if a child swallows them, they can connect to the tissue inside the body of the child as a parent, you can -- >> why is that a misplaced concern sm. >> it's not a misplaced concern can. but it shouldn't be in those kids' hands in the first place. so on our packaging, it says

keep away from all children in five different places. we have a vigorous safety program that we don't sell to stores that market to children. we don't market the product for children. we have a website called magnets safety.com that lays out the entire safety program. we have the most vigorous safety program not just in our industry but most industries. our concern for safety is the same as the consumer product safety commission's. we just believe that there's a different course of action that doesn't require banning the from duct. >> how do it get to this point, craig? >> it's tough to say. we've worked cooperatively with them for years. we did a joint press release in the november 2011. they've endorsed and approved the safety program going back three years. we didn't even suggest multi -- even suggested multiple ways to make it safer. they simply wanted to put us out of business. >> you do think they want you to put you out of business? >> i think when you look at other products --

>> why would they want to do that? >> i don't know. again, when you start to look at other products, we've talked about them a little bit, balloons and all-terrain vehicles and button cell batteries causing far greater incident and injury, and the remedy the consumer product safety commission suggests or recommends is a warning on the packagin packaging. for the first time they're saying warnings don't work. warning, educational awareness and it undermines how they regulate thousands and thousands of other products in the marketplace, especially had it comes to a product marketed and intended exclusively for adults. >> we did reach out for comment from the consumer product safety commission. they have not responded so far. you say they're trying to shut you down. is it a personal vendetta do you think? >> i hope not. i don't think it is. i think that they thought the industry was probably an easy target. we are small industry. and they -- they thought the

companies would roll over as most companies do when they say recall your product. we're the first company, 11 years. maxfield and overton with this product to say we days gree with your assessment. to force a recall, you have to take us to court. >> you and your partner started this how many years ago? you put in a thousand dollars each. >> started in march 2009. me and a partner with a thousand dollars each. in an apartment in williamsburg. it was a very -- our expectations were wildly exceeded. >> you're now worth what? >> we were on track to sell about a million and a half units this year. so we're somewhere -- $325 million in sale now. >> you're turning to social media. >> turning back to where we started. our roots were internet and consumers online. since cpsc has effectively shut down our retail channel. we've gone back online, through media, twitter, blogs. >> your campaign.

>> we have a campaign called save our balls.net. >> really where we're seeing support is on places like twitter and facebook and all of the blogs and the hundreds of thousands of people commenting, coming to our site, actually purchasing the product, keeping us in business. >> do they have the power to shut you down? where does this go next? >> it's a long process. it's the beginning of a long process of determining if a product is defective. it is the burden of the consumer product safety commission to show that there's something wrong with our product. we don't believe there is. it's always been marketed to adults. we've reached out to them to try to come up with ways to work cooperatively. they've really not responded. i mean, we've provided a corrective action for the product on monday, july 24th. by tuesday, july 25th we had read about this lawsuit in the usa today. they have been unwilling to work and talk to us for the past almost two months now since we started talking about this. >> it stands now what?

what's the next step for you or for them? >> we'll keep talking about it and trying to keep supporters active and engaged. we will fight it in a court of law now. we'll get our day in court and the cpsc will -- it's on the burden of them to prove there's a problem with the product. >> in the end, they would say it's about the safety. >> we agree. it's about the safety. we also say, if you're an adult and no kids in the house, it's your right to buy this product. >> got it. thank yo

do you know your blood type. it could affect your risk of heart disease. bill gates believes a new kind of toilet could help billions of people around the world. we'll look at his search for a sanitation revolution on "cbs this morning." hi parents, big year for spelling. here's what the kids will n-e-e-d. ♪ pens and markers, paper wide ruled. ♪ ♪ hoodies, sneakers, tape, sticks of glue.♪ ♪ large boxes pencils, highlighters. ♪ ♪ sneakers and t-shirts. ♪ notebooks and jeans, ♪ notebooks and jeans, ♪ notebooks and jeeeeans, yeah! ♪

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look at this. a very rare sight on lake michigan. five waterspouts all forming. how cool is that? five of them happened east of milwaukee. was taken by the captain of a firefighter who happens to be a storm chaser. >> very cool. >> this has been a great comeback year for maria sharapo sharapova. she won the french open and an olympic silver medal. she's getting ready for the u.s. open. she'll be here in studio 57. she's hanging in the green room talking about tennis and a new business. she'll join us at the table. right now it's time for this

morning's "healthwatch" with dr. holly phillips. >> good morning. today in "healthwatch," blood type and your heart. your blood type may affect your heart disease risk. new research finds people with blood type a, b or ab are at a higher risk of heart disease than type o studies involved 90,000 people between the ages of 30 and 75. they found people with the rarest blood type, ab had the highest increase of heart disease of 23% with compared to type o. people with type b had an 11% increased risk and people with type a a 5% increased risk. scientists speculate that some are prone to higher levels of harmful cholesterol or inflammation which can damage the arteries. type o blood found substances which improve blood flow and minimize clotting which may have a protective.

although we can't change the blood type, it's groundbreaking because it may help physicians determine who is at risk for heart disease and how to best prevent or treat the illness. for now, don't forget to focus an what you can control, a healthy diet, exercise and lowering stress as much as possible. i'm dr. holly phillips. >> cbs "healthwatch" sponsored by ensure. enjoy ensure as a part of your healthy diet. ensure, nutrition in charge. clear, huh? i'm not juice or fancy water. i've got nine grams of protein. that's three times more than me! [ female announcer ] new ensure clear. nine grams protein. zero fat. in blueberry/pomegranate and peach. [ male announcer ] to hold a patent that has changed the modern world... would define you as an innovator. to hold more than one patent of this caliber... would define you as a true leader. to hold over 80,000... well, that would make you... the creators of the 2012 mercedes-benz e-class... quite possibly the most advanced

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sgriefrjts two world changing events happened in 1775. the american revolution began and the flush toilet was invented. can we say thank you and hallelujah collectively? toilets haven't changed much since then. but ben tracy says one of the world's richest men is doing something about that. ben, good morning to you. >> good morning, gayle. we're talking about bill gates.

he's best known for creating a revolution in computers. he believes innovations in toilet technology could also change the world and save millions of lives. bill gates could spend his billions on just about anything. but he decided so have his foundation host a toilet fair in seattle. >> we need to come up with something that has the same attractive properties as the flush toilet and yet, can be made available to everyone on the planet. and so think of that as a toilet for the 21st century. >> the bill and melinda gates foundation is offering up nearly $7 million for engineers to overthrow the kind of throne we've known. >> you're looking at some toilet options. >> it's not glamorous but it is important. more than $2.5 billion people, 40% of the population do not have access to sanitation. that's eight times the population of the united states. >> the most neglected thing in

all of the things that are done to help the poor of the world. >> doo doo. number two. kaka. >> this cheek i video on the website of the the foundation still sends a serious message. >> imagine no reliable sanitary toilet. what would you do? well, what you have to do. use anything you can find, which means in no time you've got a big pile of -- problems. >> drinking and bathing water becomes contaminated and disease spreads. children suffer the most often. 1.5 million die worldwide each year from poor sanitation. this man heads the water sanitation and hygiene programs. >> but how big of a problem is access to sanitation worldwide? >> it's a huge problem. about 2,750 children died every day as a result of poor sanitation. access to water and poor hygiene. that can give you an idea of the

scale. that's about 100 school buses every single day. >> yet the obstacles to fixing the problem are also huge. there is no sewer infrastructure in many developing nations and water is scarce. so any new approach to toilets has to be self-contained, cheap and produce its own energy. >> at the toilet fair in seattle, some models turn urine into water for flushing. biodegraded human waste into fertilizer or insects to eat it. >> the maggot is not choosey. >> in the end, bill gates gave hundreds of thousands of dollars to some of the teams, including engineers from cal tech. their solar powered device reuses water and turns human waste into hydrogen gas that then produces energy. this event was a revelation for kenya's minister of water and irrigation. she has a new sense of how waste can be used. >> it can be used to produce gas. it can be used to produce

fertilizer, for many other purposes. so we need now to put our act together. >> now the gates foundation says the $7 million it's offering is worthwhile because for every dollar used in -- you get $9 back in higher productivity and lower health care costs. >> so many of us take the toilet for dpranted. that certainly puts it in perspective. >> so true. >> say somebody comes up with the ynd said i've got it, i know what to do. how hard will it be to get it on the ground and working in the nations? >> that is one of the big obstacles. how you deliver this technology if you figure it outment. >> that's where you probably see the gates foundation partnering with the u.n., partnering with unicef who have the relationship to get the technology on the ground. >> one of the interesting things they told us, even if you get a toilet there, getting people to use it is a struggle. it's a cultural norm in many places not to use it. >> what's the next step then? >> the next step for the gates foundation, they're investing millions of more dollars to

further this technology. they're trying to get the engineers to take what they have done and improve it to get a product that works. >> ben tracy, thanks very much. appreciate it. >> thank you, ben. diana nyad is hoping persistence pays off. she's trying for the fourth time a swim to cuba. we'll look at her chances on "cbs this morning." your local news is coming up next.

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♪ >> this is not a computer trick, gayle king. this ad for volvo, check it out. it uses a tightrope walker and a couple of semis driving and tightrope walking at the same time. happened in croatia. there was an ambulance team on stand by. one of the crew members said this is crazy. indeed it looks so. she pulled it off. that is nuts. >> wow. >> good stuff. >> good stuff. welcome back to "cbs this morning." long distance swimmer diana nyad

is plowing through stormy seas at this hour trying to complete the journey from cuba to florida. she wants to arrive before her birthday on wednesday. as tammy leitner reports, it's a dangerous effort for an athlete of any age. >> there's nothing but miles and miles of lonely ocean ahead for diana nyad. the 62-year-old endurance swimmer is two days into her 103-mile trek. her fourth attempt to swim the shark infested waters from cuba to the florida keys. >> i'm sort of cruising a little bit right now. >> to combat the monotony, she sings. ♪ >> swimming more than 100 miles in the ocean is challenging enough. but making it even more dangerous for diana nyad is what's in the water. >> there's jellyfish and there's things stinging her and there's

a possibility of sharks. >> former world champion triathlete knows nyad personally and the challenges that forced her to pull out of the other three attempts. nyad's last a semt ended with paralyzing jellyfish stings and an asthma attack. >> when you've been swimming 28 hours out there and you're being stung by jellyfish and you're getting tired and hungry and you're feeling seasick and your shoulders are hurting, i mean, that's when your mind takes over. it's got to be keeping you going. >> and nyad keeps going despite getting stung saturday night four times by jellyfish. the special suit she wears at night did little to protect her from the dangerous jellyfish stings. after getting stung on the lips and forehead, she flipped to her back. >> seven, eight hours of that. i never do that. >> despite the obstacles --

>> whether she makes it or not, just the persistence she's shown, the strength she's shown, the fearlessness, that's so inspiring. >> for "cbs this morning," i'm tammy leitner in los angeles. >> with us now is patricia donely, she's a mental and nutritional counselor and works with athlete to improve their performance. good morning to you, patricia. >> good morning to you. >> a lot of people are rooting for diana, no question about that. others are wondering why would she keep trying something so physical and painful. this is try number four. >> i think when we look at her and see what she's doing, one reaction might be why? why do this? why put yourself in this danger? but yet, if we think about it, what she's trying to do is a a first. she's trying to conquer one of her challenges in life. i think we all do this. we all have a mount everest we want to climb. this is hers.

and we all have one. i think we're all rooting for her. >> this one seems significantly higher than what most people's mount everest is, though. patricia, how much of this is mental and how much of this is physical? >> i think an enormous amount is mental. certainly, she's in top physical condition. but many people are. many people in any field have reached high physical heights. but to achieve something like this is so much about the mental. i think that's what will make a difference for her. >> you know, she's turning 63 this week. she's trying to make it before the 63rd birthday. do you see her age factoring into this or how do you see her age factoring into this is a better question? >> definitely it is factoring in. certainly as one gets older, some of our physical tendencies

become less and i think also, though, it's really important to look at is the wisdom, is the experience. something that other cultures really put a lot of emphasis on with their older population. i think this will really help diana having this experience will help her overcome the obstacles. >> patricia, you're a ph.d. and consultant. when people come to you and say they want to do things like this, what do you say to them? >> well, when they're really motivated, i make sure that they are getting the best physical training within their sport. and then i sit down and i say, okay, let's work on the mental piece. let's work on the nutritional piece also. and i think the fact that it's not just something that's a great physical accomplishment she's trying to do now, but the fact that there are so many

unknowns, so many unpredictable things, that makes it so exciting for us as spectators and also for her. to me, following her is like following a real life hunger game. the hunger games, it wasn't just that they had great physical feat that is they could accomplish. but it was the bees and the berries and the fireballs. you follow diana and there's the jellyfish and the current and the sharks. >> she has a lot to contend with. thank you, patricia donnelly, we're cheering her on. >> thank you so much. one of the biggest names in tennis is here. maria sharapova talks about the u.s. open, the olympics and more on "cbs this morning." they're having a good time in the green room. >> very good time in the green

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♪ >> maria sharapova, one of the world's top tennis players, one of only ten women to win all four grand slam titles. >> all right. she's been number one on the highest paid female athletes. thank you very much. she's getting ready for the u.s. open next week. this morning she's with us in the studio 57. good morning to you, maria. >> good morning. bright and early. >> we are glad to have you here. when you hear the numbers about your career, what do you think when we're reading them and you laugh? what do you think? >> it's funny when people mention the money. i always ask, how does anyone have access to your bank account? who knows -- who actually believes all this stuff? who is checking how much -- what was that paycheck for? that's why i laugh about that one. >> a lot people do. you pulled out of your last two tournament for illness. you had tummy problems. you okay? >> i came back from the olympics and was supposed to play in mont treel but had a stomach virus. i decided to shut it down before the u.s. open and come here a little early and start

practicing. it's fun to be back in new york. i love the energy and the city. the u.s. open is the funniest one yet. >> i have to say you've brought energy to the green room this morning. >> i know. they took -- we had our coffee this morning. i apologize. i think ee were distracting. >> not a problem. it's been a lot of fun. your first live morning television interview. did we mention that? >> is it? >> not many people get me up at 5:30 in the morning. >> we're glad you're here. >> confidence here before the u.s. open? >> yeah. i do. i've had winning the french open was such a confidence booster for me. it was the one that i hadn't won. it was the one i really wanted. always thought it was going to be the most challenging for me. to have all those four are so meaningful and obviously this is the last one of the year. we've had a crazy schedule. to come into the open, it's like this is it for the year. we still have more tournaments

after that. but as far as the big one, it's the one we really look forward to. >> coming out of london, you came home with a silver medal. >> first time as an olympian. >> an olympian. just the fact that you make the olympics means you're very good. >> incredible. >> you work very hard. >> i try. >> when the match was over with serena, did you think you cough done better? how were you feeling after that match? >> it's interesting because we played six matches over the seven days. >> i know. >> the opening ceremony was right before the first match. so it was one of the longest weeks of my tennis career because it was honestly the excitement of the opening ceremony to playing a match every day. getting through the round and when you win your semifinal, you know you're getting a medal. you're getting a silver at least. the whole experience for me was incredible. it was my first time representing russia at the olympics. i missed beijing four years ago. to be there and to be competing and to get a silver medal was so

much fun. >> yeah. >> the draw comes out in a couple of days. i think a lot people are seeing a serena williams/maria sharapova final. do you want to see that? >> we have to be on opposite sides of the draw obviously. that would be fun, especially in new york. with that energy and that crowd, it would certainly make for a fun final. >> what do you think about the proposed crackdown on grunting? you're a little bit of a grunter. >> i am. not a little bit. >> you're a heavy grunter. >> i am. >> how does that help you and what do you think about the talk of cracking that down that some people say it's distracting? >> i've always had to answer that question because it's been a topic especially coming in a lot in london we have those tabloids that always talk about it. but it's -- when you start something from a very young age and do you it for a long period of your career, it's tough to be 25 years old and when you start playing tennis at the age of four to say it's almost like

changing your forehand or your back hand. you're used to something. but i think if you start correcting it from a young age, especially maybe telling the coaches around the world using breathing techniques and those things that you work on when you're from a young age, that that's something that will carry over to your professional career. >> so for you grunting stands? >> yeah. right now, yes. >> i heard maria, that you just got engaged. can we say congratulations you're breaking a lot of hearts. >> it's been a while. >> i'm not asking anything about him. how did you know he was the one for you? >> oh, gosh -- >> how did you know that? >> you never expect it to happen. those things kind of flow in your life and you realize that it's a time in your life to do such a thing. those feelings that you have. obviously, as you go through your life, i had this incredible career from the very young age and then you start realizing that there's a whole other side to life. which is hopefully -- being

married one day and having children and my mother had me when she was so young. so it's fun to see that relationship with her and thinking that -- i mean, i've missed that train. i'm older now. >> having a baby at 20 can you imagine that? >> in my life, i can't. but i'm very fortunate that she did. because now she's my best friend. >> look at you. >> she has a new business -- >> one of the reasons you're here is because you're starting this candy company. >> candy line. >> actually, today. >> yeah. >> why is an athlete promoting sugar? >> i know, right. everyone needs a treat and everyone loves candy around the world. the first thing is i mean i work so many hours a day like everybody else, i don't have an office job, but i know what it takes to maintain a healthy lifestyle, to go to the gym, to workout, to make sure we're also women, want to make sure we look good and have a good presence and a look. but at the end of the day, everybody needs a treat. when i was young, growing up, i

would finish practice and the first thing i would ask is when could i get that lollipop. that was on my mind during practice. i've been part of so many adventures and partnerships, i wanted to start something that was my own. i love candy and gum is. i thought when the name sugar-pova came about -- >> it goes together. >> a little bit. >> your favorite flavor? >> my favorite flavor is a rainbow licorice with a marshmallow middle called quirky. my favorite. >> they're catchy names. >> does maria sharapova win the u.s. open this year? >> that's the million dollar question, isn't it? i sure hope so. that's what i'm working for and i have been. i would like to be the champion again. >> can't wait to see you on the court. >> thank you very much. >> continued success. >> thank you. cbs sports coverage of the u.s. open begins next week here on cbs. would you try sparkling wine from england?

maria, would you? she would. we're told -- it's half the price. the founder and ceo of samuel [drum]

[male announcer] he was there when his country needed him and we'll be there when he needs his country. join us and send your message of support to our wounded warriors at uso.org. the uso. until every one comes home. most people have popped open a bottle of the bub tloi celebrate a special occasion. we've always been told the best sparkling wine is champagne from france. as the report says, the times and the climates are a-changing. >> as cultural icons go, champagne is about as decadent as it gets. >> bonneville, '75. >> see you are a connoisseur, mr. bond. >> from suave spies, to wealthy bankers. it's long been a symbol of

luxury and exclusivity. but to connoisseurs, it's the frenchness of the drink that bubbles to the surface first. >> here we have pinot noir. >> champagne is a region in france until you recreate that region in england. which is exactly what english winemaker has done in spirit at least on the rolling fields of hampshire, an hour west of london. >> this little piece where we are, this little valley, is -- has a soil profile that's almost identical to what exists in champagne. that's o to say chalk and a bit of clay. >> one of the roughly 400 vineyards that produce sparkling wine along with usual red and white. but with annual sales around $40 million, it's still dwarfed by the approximately $5.5 billion champagne makes each year. and in a country more famous for

pints of ale and strong cider, success is dependent upon more than marketing and good soil. >> it's definitely got warmer on average. people say that we have a climate today in this part of the world which is similar to what they had in champagne in the 1960s. >> the wayne making methods are most definitely 2012. nick coats, his partner in wine says the old ways might impress the tourists but are rarely used now. >> realistically, the vast majority of champagne production uses this modern machinery. >> like these giant concrete eggs which keep the wine at a constant temperature. all these so-called pallets. >> what are they for? >> for rid willing. which means in the old days when you had a bottle of champagne on the side with sediment on the bottom, a little man would come along and turn each bottle a

quarter of a turn a day. it would take him four months to keep turning the bottle. >> save on -- >> and on money. and on the intense boredom. >> things are a bit quicker here who launched the first bottle last year. a confident english wine will continue to grow in popularity. >> we're at the beginning of a high-growth phase. i have no doubt personally. but in 10, 15 years from now, this part of england, particularly on the chalk soils, will have a great deal of vineyard on it. >> just don't say they're trying to imitate champagne. >> what do you say to people who say you're producing a cheaper version of champagne? >> we can always put the price up. >> besides that. >> the whole point is that this is fusion winemaking. french technology with english fruit. >> what we're trying do here is make the world class sparkling wine that's an expression of

english and has an english personality. >> and with englishmen as determined as that, the french better watch out. it's clear that the guys at this vineyard here are not interested in imitating champagne which may be just as well. only sparkling wines introduced in the champagne region of france can only be labeled champagne. i'm villa marks in hampshire, england. >> i don't drink. but what do you think? >> i can't tell what's good or bad? >> my wife has a lot of the italian sparkling wine. i think it's generally cheaper. >> it sounds like they're giving them a run for their money, though. i'll say that. >> yeah. are you sure you don't want to -- >> i'm sure. bad experience in high school and forever scarred. no thanks. >> i'll see you again tomorrow morning. >> yes, yes. i'll be here. >> that does it for us. up next your local news. we'll see you tomorrow on "cbs up next your local news. we'll see you tomorrow on "cbs this morning." -- captions by vitac -- www.vitac.com

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