they react to it. >> period. >> herbalife. any -- zpl look, that's a name i'm not going to buy here. there should be some accountability. it'sry lick douse to have these statements. the claims become false. again, it concerns me, i wouldn't buy the tok. >>> coming up, hillary clinton inveiling a new plan to stop health care companies from jacking up prices. which stocks could get hit the hardest? plus, this space x rocket explosion yesterday, basically what tesla shares have looked like this week. how low can they do go? and as the vix and the vix is doing something it's never done before. could there be trouble for the rally? much more "fast money" straight ahead. enis really built into theat foundation of the company. whole foods market is engaged with pg&e on many levels, to really reduce energy and reduce our environmental footprint. for a customer like whole foods, saving energy means helping our environment, and we can be a part of that. helping customers save energy is a very important part of what pg&e does. we can pas

i'm not here to sell herbalife.ut i am telling you that i'm not just playing games buying the stock. i think it works. i can change my mind. but i would tell you this. that i also looked, because i'm a market specialist, as i told janet mccabe's secretary, and i think i know markets. and as far as i'm concerned, i think no one that -- i don't want to say it in a bad way about ackman. but no professional would really want to be short a company where you've got 92 million shares outstanding and 28 million short, and of those 92 -- >> and we've been listening to carl icahn, specifically addressing his long position in herbalife, which is the opposite position, of course, as bill ackman. and he almost made a dig at ackman, saying no professional would take such a large concentrated short position. >> something -- so he did the same thing at his company conseco 15, 20 years ago. >> so if you recall -- a guy named irwin jacobs, really hold old-school, took the other side of it. this is just history repeating itself, excep

liz: hell hath no fury like herbalife scorn. >> when will the last story of herbalife be written?now. i'm old. guys, bill, herbalife. i'm old. give me a break. liz: charlie. >> get off my lawn. liz: thank you very much. closing bell ringing in 28 minutes. epipen outrage still far from over as the first lawsuit appears over mylan's painful price hike. we are following up with one advocate that pushed epipens for everybody. what does he think of the company's tactics now? what is he going to do about it? silicon valley should be a political gold mine for a billionaire businessman running for president but california is turning out to be a bust for donald trump so far. but the end of the story hasn't been told. jordache ceo john jordan is a major gop don'ter. he is next to tell us what trump needs to do to turn around the state. john is next. (announcer vo) that's right, keep rockin'. siriusxm's free listening event might be over, but now you can turn us back on with packages starting at $5.99 a month, plus fees. just call 855-874-7746 to keep hearing all the things that make you lov

shares of herbalife rising on those comments.k over to you. >> better off private got attention. >>> fans of nelly are rallying to help get the rapper out of debt troubles with the irs by downloading his music. it started when the website spin calculated it would take more than 287 million streams for nelly to pay off his $2.4 million in debt. one user tweeting saying if it's hot in here isn't the number one song by tomorrow, we as a collective have failed nelnelly. >> the amazing thing is how many streams it takes. it's like 0.00 something. you had meatloaf on eventually, he said you can't make, unless you are like taylor swift and through the roof with plays every day. or lady gaga, your new song goes straight to the top of the charts. >> especially as music subscriptions get cheaper. this week it was announced pandora was looking at a $5 a month model. >> good for consumers. >>> first lady michelle obama taking over the co-host duties on yesterday's episode of the ellen degeneres show. it's the first time anyone co-hosted alon

short stake in herbalife also a problem. trading in about the same range as may 2012 when he first shorted it but year to date, key benchmark, it's up 16% going against him and that's even despite a major settlement with the ftc which ackman promised would erode herbalife's earning power over time. see how that plays out. ackman called into "squawk box" recently to crow a bit hour carl i juan wcahn was poised to sell. asked intermediaries to find an interesting buyer and approached ackman himself in the process. at his words, i kwcoahn fired b stating commitment to the economy on which he has five afill yents on the board. knocked high profile redemptions this past year including from pension funds in the likes of new mexico, illinois among ohs says the first half of 2016 was only the sixth worst redemption period in pershing's history and eight quarter redemption process should give runway. meanwhile, hunting for new opportunities. early august sold stake in canadian pacific. a big win. 2.6 billion dollars in apparent profi

there's herbalife today. >> you look at the short.s obviously a factor at what we're looking at, which is a a little more than a 4% move to the p up side. the percentages that carl was throwing around and even talking about potential of this thing even being private -- >> he said it would be better off private. not having to deal with all this -- >> that certainly makes a lot of people start to think, and how committed would this be, this whole process, when people are sitting there with this big short position that they're on right now in herbalife. >> he is still at 20%. he has to go to 35. he has not bought -- maybe he bought a few hundred shares in brett's names. how many traders do you know say i think it's going to be private or i filed to go up to 50% when they haven't bought any additional shares. i'm advertising to the market so i can buy at a higher price to get to 50%. >> right. but the flip side of that would be isn't that a shot across the bow more than anything else? would you want to be on the other side of the potentia

i'd have to have it on great authority -- liz: can we see an intraday of herbalife? should. they're up a little bit from last i checked. liz: now, remember, the interview was around 12:30. >> yeah. here's the thing, you know, they were saying carl was selling based on ackman saying that. okay? i got it, he's on the record, he's saying it, but carl was never quoted. he wasn't talking to anybody. and literally that night after all this stuff came out, i think it was a friday, he bought more. and then he bought more last week. so it was, they were on dangerous territory. now, whether this is legal, illegal, i have no idea. but carl said rules. you know, here's where i think it's different, there's a rule in the market, your word is your bond. we as journalists try to uncover it, but you're going to -- rarely does someone, i've never heard another investor go on tv and say -- liz: what another guy is doing. >> and here's what the bid was because i got a taste from -- liz: yeah, you can't do that. we shall see. >> i'm not saying it's illegal, it's just odd. liz: charlie,

could i switch gears on herbalife. i surprised a lot of people when i heard you bought 2.6 million more shares of the company, and it came at a time when bill ackman, the big investor was thinking you were going to sell him a stake in the company. where are you -- >> ackman, first of all, went on tv and started talking about the fact that an investment banker called him saying my stock was for sale or something to that effect. you know i never offered my stock to anyone, plus the fact that you sort of violated a rule there. i get business all the time, i would never talk about business i get for my stock. this is completely off the record. you violated that code on tv plus the fact i never made an offer on my stock, plus he went out and said i really wanted out, they was disenchanted with the company or something like that. how can somebody talk about what another man thinks? it's incredible. neil: you guys talk to each other on this? >> who? neil: you and ackman? >> no. look, i sort of -- you know, sort of, you know,

herbalife is the company i am talking about.arl icahn is asked the federal trade commission if you can have stake.ion to raise his it does not mean he will do so but nonetheless he is asking for that kind of permission. he acquired a most 3 million shares of the company, 21% currently has permission to raise. it does not mean he will the sts 35% and he said delivering a conference yesterday that the company might the better off is a privately held firm. he has been bullish on the company for a long time. up 4% this morning. getting more into health care proper, the japanese drugmaker told reuters that the company is looking to potentially make acquisitions although the ceo would not confirm in a report that he would set aside $10 million to make those acquisitions but we are seeing some potential target that and talked about by analysts rising in u.s. trading. all trading higher this morning. we also want to look at a big move today. up 27%. they make an experimental medication to treat muscular dystrophy. the drug to treat it h

. >> after some of the thipgs that have gone on the past year between herbalife and valiant, you say, okay, these guys make large, concentrated bets, don't have a huge portfolio and have gotten some of these dead wrong. to me, as an investor, i wouldn't be buying the stock here up 7%, but tim's levels are correct and it's going to take just one same store sales announcement. one uptick to get people thinking about this. >> sort of binary. uptick or a down tick. >> i suspect that the norovirus, e. coli stuff is behind them. it's going to take some time. >> people are going to start going back. maybe the headlines are behind, but people have moved on. it did hold the level, but the stock is still not cheap. it's not like bill ackman has a great track record. it's up 7% on the back. i understand what's going on. because the short interest in the stock alone dictates that people have to -- >> no reason to chase this name. you wait for the same store s e sales to increase. once you see that move, it won't be the end of that move because then, you'll start to see potentially that trend i th

bill ackman being in the wrong side of the trade long position in valeant and short position in herbalife. right now chipotle shares hold onto a 5% gain today. >>> we are expecting much more out of the big apple event. is original content the answer to apple's television strategy? we'll take a closer look at the tv side of the apple story coming up. hey, jesse. who are you? i'm vern, the orange money retirement rabbit from voya. orange money represents the money you put away for retirement. over time, your money could multiply. hello, all of you. get organized at voya.com. >>> hi everybody. i'm sue herera. here's your cnbc news update for this hour. president obama speaking to southeast asian youth leaders in laos, expressing frustrations in delays in passing the transpacific partnership trade deal, but added it will get done. >> it's always going to be hard. nothing's easy in the u.s. congress right now. maybe there was a time when it was, but i haven't seen it. it sure hasn't been easy since i've been president. all right. but eventually we'll get it done. >> groups of syrians returning

how about herbalife? how is that doing? >> i don't know.en't looked. >> why don't we look at that? when we get back on tv -- oh, shoot -- >> maybe the ticker won't even be a ticker one day if carl has his way. >> only going to buy 50% of the stock and up $1.90. >> what's on mad tonight? >> we've got toll brothers. i want to ask if they're going to have apple home kit homes built in. i find toll brothers to be incredibly transparent. i love them and i cannot wait to speak to doug. >> jim, we'll see you tonight. >> absolutely. >> a big week for "mad money" 6:00 p.m. eastern time. >> thank you. >> when we come back, apple did rally during that selloff yesterday, as you know, leading the s&p again today. we're going to explore what's ahead for the stock and then baseball hall of famer cal ripken jr. on the business of baseball. we're back in a minute. when you travel, you want your needs to be understood no matter where you go. you want an experience that feels highly personalized. with watson on the ibm cloud, travel companies like wayblazer c

bet against herbalife. ackman's looks for troubled brands. says the chipotle has a strong brand. they have an enormous growth opportunity. trying to win back sales and customers after a string of food safety concerns. salmonella, e. coli and trying a lot of difference things to get people to eat there once again, free food give aways, free kid meals on sunday and free drinks for students. even introducing a new loyalty program. sales haven't come back to what same store sales down 25% last quarter and howard who is renowned restaurant analyst he says that giving away free food doesn't bring people back. a reaction to this purchase, chipotle says we welcome their investment. we appreciate the confidence they've expressed in our brand and a strong growth opportunity. a lot of analysts note last night actually say pick agomckm will be coming in and pushing renewed direction for chipotle going forward. >> all right. susan. thank you. just thinking about some of the synergy with bill ackman. valeant. >> it was nora -- >> don't even say nora virus. that's the cruise virus. >> it was so

. >> bought of herbalife, but so he mentioned he never thought he would be in a stock down 90%. 90%,hard to ride that down. it's up a little. up 30%. and he said he's up for the month. per strks hing is still track to lose more than 14%. the only thing good about that is -- he should have to pay you 20% of the 14%. >> yes. >> definitely have to get back to -- some of these guys close down the ones they're never going to get back. they get that 20%. >> the ones are planning to stick in there and plan to get high water marks. >> it's six years of under performance for these masters of universe. for me it's gratifying because you think, wow, i'm not nearly as smart as these guys. how do they do it year in and year out. the ones who do have success, it's galgorithms. >> trading, massi iive baskets. >> no one -- >> being a value investor and looking at things. >> if you're 51%, you're good. that's all you ever aim for. these guys who have these marquee years a couple years in a row and then drop off the radar, you don't hear. >> you guys are making the argument for index invests. >> which