. >>> the fda is sending a new warning to cosmetics giant l'oreal. the french company is going too far with claims about anti-wrinkle products officials say marketing suggests they affect the way the human body works if true would require them to be classify as drugs. fda threatening halt sales if l'oreal doesn't make changes. >>> we showed you coit tower. earlier this morning it was obscured. >>> as we look towards mount diablo from vollmer peak having a hard time climbing over the east bay hills into the valleys clear area there, clear area in the south bay, i don't think the clouds will hang around long today because they are thin beautiful picture there of 24, lights coming in towards the city we'll talk to sue and find out if there's any hot spots. you need windshield wipers driving through the clouds, no organized areas of rain or drizzle from the clouds just too thin. 52 santa rosa, 57 in redwood city, mountain view and antioch. monterey bay same cloud cover same temperatures mid 50s. today sunshine even out to the coast and temperatures close

. >> and i love this product, the l'oreal undereye concealer. >> it's easy toe blend and takes care ofles. like a secret weapon to have in your bag. l'oreal. >> visible lift, that is, and then this wins for lip tints, burt's bees. >> known for moisturerizing, a great color payoff. great for the lips. >> and for nails? >> packed up, moved across the country and their manicure didn't chip. >> great job to the ambassadors. >>> coming up, five facts you need to >>> this morning on "today's 5 facts," caffein as you sip your morning joe, tea. imagine, 165 million of us consume caffein every day. today's diet and nutrition editor is here with the five things everyone should know. >> good morning. >> good morning. >> so, first of all, you say there are health benefits to caffein. >> certainly in moderation, caffein is going to have great health benefits, and our first fact is caffein can boost mental focus and alertness. >> we know that. >> caffein gets right into the brain and acts on nerve cells, on brain cells, that actually help promote concentration and remember. when we were foreageing m

. >> and i love this product, the l'oreal undereye concealer. >> it's easy toe blend and takes care ofles. like a secret weapon to have in your bag. l'oreal. >> visible lift, that is, and then this wins for lip tints, burt's bees. >> known for moisturerizing, a great color payoff. great for the lips. >> and for nails? >> packed up, moved across the country and their manicure didn't chip. >> great job to the ambassadors. >>> coming up, five >>> this morning on "today's 5 facts," caffein as you sip your morning joe, tea. imagine, 165 million of us consume caffein every day. today's diet and nutrition editor is here with the five things everyone should know. >> good morning. >> good morning. >> so, first of all, you say there are health benefits to caffein. >> certainly in moderation, caffein is going to have great health benefits, and our first fact is caffein can boost mental focus and alertness. >> we know that. >> caffein gets right into the brain and acts on nerve cells, on brain cells, that actually help promote concentration and remember. when we were foreageing men and women, to g

now over in spain l'oreal madrid monitor to see a marine who has brushed off concerns about storm on ronaldo state of mind the portuguese forwards admitting recently he felt quote sad being at the bernabeu for professional reasons but refused to elaborate. but if he is sir but keeps play like he's bleeding that's perfect for me i'm a football coach and my responsibility is results that's the reason you guys kill me the results are not good my responsibility is the good performance of players and that's what i have to focus on and right now cristiano works into the pool employees and to the fool. it turns out the boxing world hasn't seen the last of ricky hatton the hitman confirming that he'll be aiming for another shot at glory after a three year hiatus from the ring the thirty three year old is a former w b a i feel like welterweight champion and also once held a w.p.a. welterweight crown houghton's first comeback opponent will likely be russian i.b.o. light to watch a weight belt older. who's unbeaten in seventeen pro contests for now though he will focus on putting a devastating

that the same night that they attacked maslin the three young suspects robbed two other men near l'oreal plaza in adams morgan and got caught. police say they found maslin's iphone on one suspect, but they did not trace it, not until a tipster recognized one of the suspects' white hyundai from surveillance video and police finally closed the loop this week, six weeks after maslin was beaten and left for dead on capitol hill. >> a phone, a phone, you know, a phone, it's just despicable. >> reporter: at d.c. superior court, bruce leshan, 9 news now. >>> new tonight at 7:00 a renoir bought at a flea market for season bucks turns out it will not be auctioned off saturday in alexandria after all. you see, this painting may have been stolen decades ago. a washington post reporter was dig around this week and discovered documents in the baltimore museum of arts library showing the painting was there from 1937 to 1949 and in 1951 it was stolen. tonight the fbi is investigating. >>> is there more than one mona lisa? some folks think so. we'll show you the painting some believe da vinci painted ye

now, elsewhere, l'oreal chairman has warned hollande of the consequences of a 75% top rate of income tax. stefane is in paris with more on this. we'll see the talents either flying out or not going i guess, stefane. >> that's the view from chairman and ceo of l'oreal, the head. he spoke to warn the government about its plan to implement the new income tax rate of 75%, that france won't be able to attract top talents if the government goes ahead with its plan. it's one of the country's highest paid ceo. last year he had nearly 4 billion euro in remuneration. under the new plan, it would pay 75% of taxes on the part which is above 1 million euro, which means 2.25 million euros in taxes for the part above 1 million euros. hollande still believes the richest people should contribute to the debt recovery. last year he signed to call for the new tax on rich people in a degrees chur of national solidarity, but 75% is too high for wealthy people. globally speaking, the french business has been extremely vocal about the plan to implement a new tax rate. they believe that it will threaten inve

i love this gel liner from l'oreal. >> i hear gel liner stays on. >> this is a crossover product you to look expensive without spending a lot of money. we'll put that on her. a great way to do that, pull it up, get at straight line. >> aykroyd usi-- avoid using bl. >> makes it cool, straight and shiny. >> pretty look. >> then i'm going to show you this is one of my favorites. this one. this is one of my favorites, a dry texturizing spray. i think every woman should have one. flip your hair over. spray this. hope this works on live tv. >> i do, too. >> kind of gives you that messy, chic. >> beautiful. >> doesn't she look like -- >> that smells good. >> hollywood bo ho, jessica alba, nicole ritchie, rihanna. how do you define this look. >> oozing cool in a lux way. there's some feature, like i said, your hair, something that gives you that cool factor. >> okay. >> for evelyn we used sapphire liner. >> that makes your eyes like wheater when you use blue. >> this is shimmer, more natural looking. >> matching your nail polish to your nail is a fun way, almost like wearing a sapphire ring.

>> l'oreal ever style is neat because it doesn't have alcohol. a lot have alcohol so it's drying.rizzier it gets, ends dried out. this is moisturizing. we sent this to prevention readers at home. they use it in the morning and lasted all day. stayed put. >> keep spritzing through the day. love that. next up, shampoo, this says super shiny. that is the case? >> yes, it will make your hair super shiny. the key is it doesn't have sulfates. you probably hear a lot about sulfates. surfactants that cleanse hair but make color fade. it's without those, helps keep it moisturized. also mango nut oil. >> what does that do. >> shiny, moisturized, hydrated. all natural. >> still smell good. >> a fruit scent but from natural sources. >> citrus clean. very nice. moving on to conditioners. why did this one stand out? >> this clear scalp and hair therapy conditioner is neat. a zink complex. this the kind of conditioner you put throughout, massage your scalp and make it healthier. >> a treatment with that in it makes it grow as well. >> promotes scalp health, sunflower oil. put it through the lab,

we have our own personal revlon and l'oreal, mac crayons. we wet them. we play with it. goes into the eyes. all we do is just -- and she's about ready to go. i don't know where she's going to but she's ready to go. >>> we've seen female inmates come up with all sorts of substitutes for eye liner, which like most other cosmetics is bans from the majority of prisons we have been to. but we encountered one inmate who dug deeper than most to find a substitute. >> got it. the black stuff from the window and the hair grease makes the eye liner. just like real eye liner out on the street. nobody can make it as black as me though. they can't do it like that. >> curlers are also on the list of banned items. but didn't stop orange county jail inmates michelle and stacy from making their own. >> we don't have things that people on the outs have. we make do with what we have. and i think it's amazing the stuff we can do. we can curl our hair with toilet paper. >> twist it like this. this gets folded in half. you fold down. >> this goes around the curler. lick it and then close it. t

beauty companies saying that they're going to, they're going to have a really hard time, recruiting, l'oreal, will have a hard time recruiting executives because why would somebody come to france and work if giving away 70% of the income. there you go. that is everybody racing for the door. >> right. they have raised tax rates across the board. 41% rate went to 45. they now have a higher tax rate than the average european tax. remember, airbus is in france. so, and part of this tax hike they're taking away the ability of corporations to deduct interest on their debt, which every country allows around the world. airbus is going to become uncompetitive. how can you hire an engineer when their tax rate is higher in france than it is say, in the united states? plus the corporation is falling behind because their tax rates are going up. their businesses will go away. they will lose competitiveness. people will move, as you have just said. this is a disaster. there are things you can't see. you know, so let's say you're a surgeon and you don't want to pay 75% tax rate. so what you do, you cancel s

that the same night that they attacked maslin the three young suspects robbed two other men near l'oreal plaza in adams morgan and got caught. police say they found maslin's iphone on one suspect, but they did not trace it, not until a tipster recognized one of the suspects' white hyundai from surveillance video and police finally closed the loop this week, six weeks after maslin was beaten and left for dead on capitol hill. >> a phone, a phone, you know, a phone, it's just despicable. >> reporter: despicable she said. now maslin's iphone like this, it's not clear why police didn't open it up and look at it earlier, but if they had, they would apparently have found pictures of maslin's little baby boy on it as well asmessages to his wife and perhaps solved this case weeks ago. >> bruce leshan, thank you. >>> an emotional appeal today from the family of a woman killed in a hit and run accident on the suitland parkway. 27-year-old ebony johnson was struck more than two years ago while she was trying to cross naylor road. in fact, the young mother of four was hit several times. >> i believe

that the same night that they attacked maslin the three young suspects robbed two other men near l'oreal plaza in adams morgan and got caught. police say they found maslin's iphone on one suspect, but they did not trace it, not until a tipster recognized one of the suspects' white hyundai from surveillance video and police finally closed the loop this week, six weeks after maslin was beaten and left for dead on capitol hill. >> a phone, a phone, you know, a phone, it's just despicable. >> reporter: so the suspects just went before a judge here. i saw them briefly and then before i had to run up here very quickly. they seemed calm considering the nature of the charges against them. we have a sketch artist down there. 6:00 we'll show you what they look like, but i can tell you their names are tommy branch, 21 years old from ft. washington, michael moore, 18 of landover and sunny cudie. he is 17 but is being charged as daunt and he allegedly admitted to the police -- adult and he allegedly admitted to the police that he took a fake em out beebee gun and he slammed it into the back of maslin

. >> and i love this product, the l'oreal undereye concealer. >> it's easy toe blend and takes care oft's bees. >> known for moisturerizing, a great color payoff. great for the lips. >> and for nails? >> packed up, moved across the country and their manicure didn't chip. >> great job to the ambassadors. >>> coming up, have you heard of the new dialing procedure for the 408 and 669 area codes? no, what is it? starting october 20, 2012, if you have a 408 or 669 number, you'll need to dial 1 plus the area code plus the phone number for all calls. o.k., but what if i have an 408 number and i'm calling a 408 number? you'll still need to dial 1 plus the area code plus the phone number. so when in doubt, dial it out! >>> this morning on "today's 5 facts," caffein as you sip your morning joe, tea. imagine, 165 million of us consume caffein every day. today's diet and nutrition editor is here with the five things everyone should know. >> good morning. >> good morning. >> so, first of all, you say there are health benefits to caffein. >> certainly in moderation, caffein is going to have great he

from l'oreal and claims it can boost the activity of genes inside your body.t be sold over the counter it would be a drug. the fda warned the company, 15 days to tone it down, or risk having the cream yanked off the shelves. >>> well, let's talk about advanced orders for the iphone 5. they begin tomorrow, the new taller, slimmer phone was unveiled with the usual apple fanfare in san francisco. a bigger screen which leaves room for another row of icons. it has built-incapability to connect with faster wireless networks in the u.s. and overseas. apple stock closed up yesterday, nearly $670 a share. >>> and in chicago, the teachers strike is grinding on, leaving 350,000 students out of the classroom for a fourth consecutive day. the school district said it has presented the union with a a new comprehensive proposal, and its negotiators are demanding a response or counterproposal. the head of the teachers union said it will take some team to work things out. they're still, miles apart. a lot of the teachers, they're dealing with public perception. the polls still,

it's from l'oreal paris.ur eyes. >>> okay. over here to the latest and greatest in hair products. i love the sound of this brush. tell me what's so special about it. >> this is no ordinary brush. because it's actually battery powered. it has an ion generator. it neutralizes what causes dullness on your hair. >> it makes it sleek. >> then last but not least, a good blow dryer as well. why do you like this one here in. >> this is are revlon. it's lightweight, it has ion technology that i lot of the expensive brands have. you want the one with ion technology because it minimizes dry time and frizz. >> the all great products. all in shape magazine on our websit as well. thank you so much. >> thank you. >>> howie man dell is joining kathy lee and hoed a at the top of the hour. first your local news and weather. have a great day everyone. >>> good morning. 9:56. i'm marla tellez. we are just minutes away from apple's highly anticipated announcement. this is the live look at what is happening right now. people excit