gerber's vice president disagrees. gerber met all legal requirements to make those claims about that product. the website does not include the allergy claim any more. >>> a run for your life on the night before halloween, that's the name of this 3k fun run that we see video of here. nbc 10 was at west laurel hills cemetery last night as runners in costume got ready to take part in the event after they posed for this photo op. they ran through the cemetery or with various scary creatures chasing them. a local nonprofit that delivered healthy food to people who are facing life-threatening illnesses. running for your life for a good cause. >>> happening this weekend, 6,000 people will hit the street to make a statement about a disease that often doesn't get the headlines. we're talking about diabetes. 200 die from it every day. and it affects a lot of children in the philadelphia area. like nate here, he was diagnosed with diabetes at age 6. >> for a 6-year-old to, you know, be in kindergarten telling them he has to take

in the complaint, the ftc says gerber lacked the scientific proof. gerber says it believes it has met all legal requirements. >>> tim cook says he's proud to be gay. he became the most prominent gay man today. cook writes that not only is he proud to be gay, he considers being gay among the greatest gifts that god has given him. cook has never spoken publicly about his sexual orientation. now he says if his story can help someone struggling to come to terms with their identity, then it's worth the trade off with his open privacy. >> how the ongoing manhunt for eric frein is changing dozens of families' halloween >>> outlet versus retail. which has better quality and price? i'll show you where to get the best deals coming . >>> and live pictures of hillary clinton in maryland. she's at a rally for anthony brown. darcy spencer is there and .he'll have trading-in or selling your car, truck or suv? webuyanycar.com takes the hassle out of selling in just 3 easy steps. one, get your free online valuation. two, book an appointment. and three, pick up a chec

they want gerber to remove that claim.se the customer who bought the formula since 2011 when the claim began. gerber believes it met all the legal requirements about product claims. >>> america's obsession with posting selfies online is coming back to haunt a lot of people. it seems some are posting selfies of their first paycheck online. not a good idea. criminals are able to duplicate those checks. imagine trying to cash it. yeah, cash your paycheck and learn somebody else already cashed it. anything with a bar code, none of that should ever be posted. >> all right. thank you, michael. >> first check was too small to post. >>> kid rock fan received the best gift ever for his 30th birthday. dan mcger uploaded a youtube video, an invitation to his favorite rock star to come to his 30th birthday bash this last monday. he thought, this will be a long shot. kid rock is probably going to dismiss it like the many other invitations he gets. on the day of mcgurk's party, in walks kid rock and he did not come empty handed. >> he g

. >> federal regulators are suing gerber.t gentle formula can prevent or reduce allergies is fact. federal trade commission wants gerber to pull its claim. it wants gerber to reimburse consumers who bought the formula since 2011. no comment today from gerber but its website does not include the allergy claim any more. >> today signing on the dotted line. >> the 1,000 signatures that people in our area hope will lead to new jobs. >>> where to gamble? nbc 10 with the new numbers on the local casino try even if you're not lucky at the gaming halls we'll show you figures who is really winning. glenn "hurricane" schwartz. >>> the kind of weather for those ghosts and goblins expecting tomorrow going door-to-door for candy. i'll tell you what's brewing for halloween. that's coming up next on nbc 10 news at 4:00. >> at 5:00 keeping kids safe on halloween. not just cars and strangers you have to watch out for. in one new jersey community the new threat is wild. here in york, pennsylvania we've built the largest distributor of kitchen

they want gerber to pull its claim from labels and ads and wants gerber to reimburse customers who bought. the vice president maintains that gerber made all the legal requirements to meet that product claim. >>> your first alert weather with meteorologist bill henley. >> get ready eto bundle up as you head out the door. much colder this morning. clear skies and getting ready for sunshine. about half an hour from seeing the sun up this morning. won't see a lot of heat, though. it's 41 degrees in philadelphia. that's the warm spot. much of the area dropped into the 30s. a few clouds on the purihorizon. no wind around. wind chill isn't an issue. 36 in reading and trenton, mt. holly in the 30s and 34 in millville and it will be a slow climb into the tos this afterno afternoon. to the south you can see the system here for at least part of the weekend and the first showers could start moving in late this afternoon in parts of new jersey. the future weather shows us clouds building by 8:00 this evening. rain moving in and just some isolated showers. slight chance of a sprinkle during halloween t

. >>> the federal government is suing gerber for alleged false claims for baby formula.ral trade commission says the company advertised its good start gentle bab formula can prevent allergies in children. the ftc wants gerber to remove the claim from ads. >>> the cost of halloween chocolates are rising. the price. retail chocolates is close to $6 a poun due to greater demand. prices could be even higher by valentine's day. >> one bag for the trick-or-treaters, one bag for me. jill wagner at the new york stock exchange. >>> when we return -- lebron jaynes makes his long-awaited return to cleveland. >>> this is the president's golf game? this is the "cbs morning news." ring ring! progresso! i can't believe i'm eating bacon and rich creamy cheese before my sister's wedding well it's only 100 calories, so you'll be ready for that dress uh-huh... you don't love the dress? i love my sister... 40 flavors. 100 calories or less. >>> here's a look at today's forecast in some cities around the country. >>> after four years of waiting, cleveland cavaliers fans finally got to see leb

gerber accused of letting down parents.he baby formula maker reeling from claims it has been misleading its customers with health benefits that may have never existed. plus the lava keeps flowing. our next guest joins us live from hawaii as whole communities prepare for the worst. ♪ you ever have too much money? she's still the one for you. and cialis for daily use helps you be ready anytime the moment is right. cialis is also the only daily ed tablet approved to treat symptoms of bph, like needing to go frequently. tell your doctor about all your medical conditions and medicines, and ask if your heart is healthy enough for sex. do not take cialis if you take nitrates for chest pain, as it may cause an unsafe drop in blood pressure. do not drink alcohol in excess. side effects may include headache, upset stomach, delayed backache or muscle ache. to avoid long term injury, get medical help right away for an erection lasting more than four hours. if you have any sudden decrease or loss in hearing or vision, or any allergic re

gerber says the claim is legally accurate. gerri: still a lot more to come this hour. including your voice. your voice is important to us. during the show we want you to facebook me or tweet me @gerriwillisfbn. send me an email going to the website, gerriwillis.com. at the bottom of the hour i will read both your tweets and emails. >>> first if raising ticket prices painful enough, airlines working overtime to pack you in like sardines. look at tight fitting skinny seats. look at them. ♪ there was no question she was the one. she reminds you every day. but your erectile dysfunction-that could be a question of blood flow. cialis for daily use helps you be ready anytime the moment is right. you can be more confident in your ability to be ready. and the same cialis is also the only daily ed tablet approved to treat symptoms of bph, like needing to go frequently or urgently. tell your doctor about all your medical conditions and medicines, and ask if your heart is healthy enough for sex. do not take cialis if you take nitrates for chest pain, as it may cause an unsafe drop

. >> baby food maker gerber, at issue gerber claims its good start gentle formula can prevent or reduce allergies in children. the government says, that claim is bogus, and that the new jersey based company misled consumers, regulators want gerber to pull it claim, reimburse consumers purchased the formula since 2011, when the claim began. >> montgomery county community is setting up one of the nation's first craigslist transaction safe zones. conshohocken police want to make sure people doing business on their popular website can do it safely. dave schratwieser is in conshohocken, shows us how it works. >> parking lot couldn't be any safer. there is police cars, surveillance cameras, good lighting, even a emergency phone to contact police. >> and it is really good idea, specially now around the holidays, lot of transactions. >> chief designated the parking lot and the lobby at police headquarters as an on line safe transaction zone. he said that you're conducting one-on-one transactions where money is changing hands, this is the safest place to do it. >> parking lot, or lobby, lobby op

>> la comisiÓn federal de comercio iniciÓ una demanda contra el fabricante de alimentos para bebÉ gerberora para impedir infartos, derrames y detectar cÁncer y otras enfermedades. la pÍldora tiene partÍculas magnÉticas que viajan por la sangre en buscan de cÉlulas malignas y reportan a un sensores como de ciencia ficciÓn. quiere usted saber por quÉ el miedo a veces produce plÁcer la respuesta llega desde perÚ. >> los mexicanos imponen un >> cien mujeres desnudas posaron en san miguel de allende, guanajuato para el famoso foto reforzose spencer toni, lo ha llamados senderos de los remedios mujeres se cubrieron parcialmente con una flor tradicional en Época de dÍas de muertos. > nos vamos a perÚ maÑana se celebra noche de brujas el terror se pone de moda en las calles en el sin Él la televisiÓn en gÉneros uno de los mÁs populares sobresale perÚ por ser el paÍs retro americano donde las pelÍculas de terror han despertado mÁs interÉs en el Último aÑo. marÍa luisa martÍnez nos cuenta por quÉ a veces el miedo produce placer. >> lo que sus ojos estÁn por ver, es un mundo fascinante. >> un grito

>> la comisiÓn federal de comercio iniciÓ una demanda contra el fabricante de alimentos para bebÉ gerberldora para impedir infartos, derrames y detectar cÁncer y otras enfermedades. la pÍldora tiene partÍculas magnÉticas que viajan por la sangre en buscan de cÉlulas malignas y reportan a un sensores como de ciencia ficciÓn. quiere usted saber por quÉ el miedo a veces produce plÁcer la respuesta llega desde perÚ. >> los mexicanos imponen un rÉcord mundial vinculado con la celebraciÓn del dÍa de muertos. nosotros no vamos a dejar a ♪erizon. nosotros no vamos a dejar a verizon salirse con la suya. nos cambiamos a sprint. en sprint te damos el doble de datos de alta velocidad que verizon wireless, at&t y t-mobile, por sólo $100 al mes, el plan sprint family share pack te da 20gb de datos para compartir con toda tu familia, y llamadas y textos ilimitados. y si necesitas llamar a méxico te damos 500 minutos gratis al mes. cámbiate a sprint. más móvil por tu dinero. >> cien mujeres desnudas posaron en san miguel de allende, guanajuato para el famoso foto reforzose spencer toni, lo ha llamados s

. >> government takes gerber to court for misleading the i thought "so what?"ut now "cai can't stop playing.rst that's not how it works. i mean it's so simple. it's like my car insurance. i saved 15% in fifteen minutes. well esurance could have saved you money in half that time. three in a row! sweet! 15 minutes for a quote isn't so sweet. level 2! start with a quote from esurance and you could save money on car insurance in half the time. welcome to the modern world. esurance, backed by allstate. click or call. ♪ i'm not an airbrush i just wanna look it. olay total effects pore minimizing cc cream. colors corrects, instantly reduced the looks of pores in 80% of women. ♪ olay, your best beautiful. a snuggler, tand showing me that slobber... ha! just adds character. (male announcer) this holiday season, give thanks to the pets who inspire you! for 3 days only, at petsmart, save 30% on thousands of items! petsmart® >>> it is 5:25. here are seven things to know today: number one, today more than a million people are expected to pack market street to honor the worl

. >>> federal government is suing baby food maker gerber. at issue gerber's claim that good start gentle form lah can prevent or reduce allergies in children. the government ace that claim is bogus and that the new jersey based company mislead consumers. regulators want again tore pull claim and reimburse consume hours purchased that formula since 2011 when that claim began. >>> boo is back after being on the loose for two weeks do you remember him? he that is exotic cat that has been missing from his home in wilmington delaware. check boo out living the good life again with the todd family, yes, that is boo, eating whipped cream. new castle county police found 359-pound kitty in the park near their home and his family could not be happier. >> he was gone for close to a week. >> something like that. >> they wanted him back. in the only do they love boo but they are like 2500 bucks. >> more than that sometimes, up to ten grand. >> anyhow. >> how appropriate that boo would be back on halloween. >> i know, boo. >> we are enjoying ourselves. let

. >>> another agency wants to scold gerber for false claims. the food start gentle formula can prevent or reduce allergies in children and stands by the claims. at best, good start helps, a skin rash, not all allergies and they are misleading consumers. >>> black friday is early this morning. it's tomorrow, in fact. amazon is kicking off the holiday deals a month early with more specials more often. it's not just amazon, office depot is offering specials on sunday. series starting the black friday deals a week later as well. but for now it's halloween. and kris pi cream, offering treats today. show up in costume and get a free doughnut. and take it to chipotle for a boo-ritto. and ihop for the kids, no costume required. and then you can see your doctor. >> i'm excited. you have breakfast, lunch and dinner. >>> coming up, a huge drill bit nearly goes through a packed train. >>> and a surfer paddling for his life with a shark right on his tail. tigers, both of you. tigers? don't be modest. i see how you've been investing. setting long term goals.

gerber is standing by their claims. >>> and surfer within a few feet of this shark. coast of australia. the surfer had no idea how close it was until he saw the pictures later. he knew he had to stay calm and he did. the shark eventually swam away. >>> and finally, when you're on live television, you learn to take it on the fly. but sometimes that fly can turn the table right on you. this is what happened to the newscaster overseas, the fly landing on the camera. a giant fly provided a very nice live backdrop in the studio. you think the station would have learned the lesson. on the same date a few years later, another visitor. a massive sea gull. you know, but the anchor, he just winged it, guys. oh, happy halloween, everyone. your pun edition. >> okay, to ginger. >>> i am getting so scared out here in times scare. feels good to be in these costumes, right? happy halloween. we have a freeze watch for you. that is scary for some people wake up and going, oh, no, when we trick-or-treat it's going to be down right chilly. and then the cold blast doesn't end there. move

. >>> another federal agency is going after gerber. the baby food company? why?ntle formula can reduce or prevent allergies in children. the federal trade commission says at best good start gentle formula helps with a skin rash, not all allergies and the company is misleading consumers. >>> your halloween weather. a cold blast pushes through the northern plains. up to four inches of snow for northern michigan. rain turns to snow through the ohio valley and rain showers through the carolinas. rain and mountain snow for the northwest and much-needed rain as far south as san diego. >> you have 40s in the upper midwest. 50s and 60s almost everywhere else. hot spot, miami and phoenix. phoenix 93. when you can combine halloween with an animal story, you know we'll lose it here at "world news now." >> that animal is a very busy squirrel. in a milwaukee back yard. yes, he's carving that pumpkin with all the precision of a wayward laser. first the eyes and the nose. >> at one point he has to chase off some other squirrels. >> two eyes. >> he might know what he's doing her

>> george's first post-honeymoon date is with randy gerber. >> how romantic. going inside. >> i was spending a lot of time in mexico with my friend george. >> from bffs to business partners, the two share more than fine taste in women. >> then, brad flashes his abs. >> this i've got to see. >> i hope you like ink. check out his stomach tat. >> and we've got your baby dues. will and kate spill the royal due date. >> and look who is expecting triplets? >> that brings his total to -- i've lost count. ♪ part time lover >> then as uma thurman custody battle heats up with her billionaire ex, a very familiar pattern. >> beauties and their billionaire boyfriends. the rich et women and some even wealthier men as we go inside the ultimate merger. >> i know what i'm doing. >> you don't know what you're doing. >> and it's "toddlers and tiaras" meets "project runway" and keltie gets couture courtesy of some tweens. >> she has amazing eyes and amazing arms. >> let's go inside. >> cafe de l'arbre and chic. >> now the latest celebrity news delivered to you 24/7. it's the "ins

. >> pam: but what sec wants gerber to pull that claimed and that label from their eds. >> pam: mortensenrhoods as the destruction has to stop because of the wind of the giants. >> reporter: until you win the rain will arrive and how will flex that children >> reporter: on thursday afternoon some two men were shot in the parking lot. >> reporter: and fired shots at the sub suspect wounding a man a crashed the car and he was taken to the hospital later and critical condition and the detectives are being questioned kent. >> reporter: chp has an announced an arrest was the recent motorcycles stopped on the freeway. >> reporter: a professional stunt driver as bennett accused of felony innovation. >> reporter: he put up video on u2 of him doing spot for and evading police. >> reporter: more rest are likely. >> reporter: here on the campus of uc berkeley people are gonna let bill are due the commencement speakers here despite a petition dan have somebody else to do that speech. it >> reporter: school officials are moving ahead with that decision. >> reporter: the students have mixed emotions su

it is undisputed in january of 2012 professor gerber made the statement, quote, if you are estate and don't set up an exchange that means you're citizens don't get their tax credit. it is disputed whether the statement was off the cuff which you guys a drifter and a year today. goes on to say the statements against any argument that the statutory language might support a reading of incentivizing states and exchanges is nonsense me about a whole cloth. those videos and that audio, the capturing of jonathan gruber saying that the court in oklahoma said this absurd even justice department said is a result of the state's lawsuit can't approach that, one of the architect, consultants, individuals that walked with the administration to set up the law at a time when the irs was passing their rule made a statement that he will be penalized if you don't set up exchanges, not have access to subsidies. that is pretty persuasive. with respect to where we are in our lawsuit. and the briefs will be filed and finalized in december 22nd of this year and the case will be argued in the third week of ja

joining me is david, ross gerber and also with us with more on today's market action, guy adami. >> welcomek, welcome become. >> thank you, mr. adami. i'll start with you real quick here. why do you think the market, i mean, searching for direction tonight, oil going up, what's the theme? >> bill griffith nailed it. we have talked about it many times you and i. the weakness in the russell to me is something to watch and really to take note of. you saw id trade down to the 108 level. it bounced from that so the theme to me and you can talk about it with hewlett-packard if you want. earnings growth without revenue growth is not growth and companies are looking for any way possible to be able to help their shareholders a ento create shareholder value when revenue growth isn't really there. >> all right. let's bring in art cashin, as well. art, i want to ask you about something that we just heard guy touch on, the underperformance of the russell. you say you saw positive glimmers perhaps later in the session there. >> well, what happened was they made the kind of a late morning low and then whe

joining me is ross gerber, nicholas carlton and jon fortt and guy adami. welcome. >> hello!ewers paying close attention may have noticed we have a group who can talk all things apple when the report hits at 4:30. several other interesting things in the market today, guy. notely, the tone and tenor is much different story of last week. what changed? >> people feel better about things. kelly, well, the technicals have held up and in 1970 was the level. 1904 is the level that everybody talked about that second wave down. that was support. support becomes resistance. i think that's exactly what's happening now. i'm inclined to sell the market. i think i'm wrong on a close above 1925 and feels eerily similar as to back around october 10th or so. i don't think anything's changed and the market might be technically broken and in for a retrace of the level of last week on the downside. >> ross, you agree? >> no. i don't agree. i was looking to get above 1900 today. it was actually really positive sign. it was a lot of negativity in the market the last few weeks and, you know, we saw

if you want something from gerber, talk to our agent. >> who do you think he looks like?hat kind of looks like threw. >> he's got some good gene, i tell you what. a looker. >> thank you. >> luckily he's not -- josh, your son is not hungry. there are a lot of kids in this world who are when they go to bed every night and you teamed up with unilever to help alleviate that. >> that was a big reason -- i've done a little bit of work in the past, but i think once you become a parent and you realize that there are -- and i didn't realize that one in five kids in the u.s. don't know where their next meal is coming from. which blew me away. how can that even be considering we're the richest country in the world? so many kids are suffering that way. the work that ynilever is trying to create a better future for kids. we're trying to get people to either volunteer to donate food, donate money, whatever they can do and the easiest way to sort of help is by going to projectsunlight.us and seeing what you can do in your country. >> in the movie, you're not you? >> some people come on