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    Bud Light tries for a comeback with a focus on sports and concerts

    Anheuser-Busch will focus its marketing on events like football and concerts, which it has targeted often in the past, as it looks to lift lagging sales of Bud Light.
    It’s a part of the company’s strategy to avoid political backlash as declining Bud Light sales hit its bottom line.
    The company revealed part of its strategy to boost Bud Light as it reported third-quarter earnings that beat Wall Street expectations.

    Anheuser-Busch InBev said it will concentrate its marketing on sporting and music events as it tries to reverse falling sales of its flagship beer Bud Light in the face of conservative backlash in the U.S.
    The brewing giant revealed part of its plan to revitalize the brand Tuesday after it reported third-quarter earnings that beat expectations. The company’s revenue fell nearly 14% from July to September in the U.S., its largest market, as Bud Light sales sank.

    Bud Light sales started falling in April after a conservative boycott of the brewer’s partnership with transgender influencer Dylan Mulvaney. At the height of the backlash, Modelo Especial dethroned Bud Light as the best-selling beer in the U.S.
    Bud Light sales are still lagging, as the brand dropped 29% in the four weeks ending Oct. 21 compared to same period a year ago, according to Nielsen data compiled by research firm Bump Williams Consulting. Sales have fallen nearly 19% this year, according to the firm. CNBC reached out to the company Anheuser-Busch for comment.
    Anheuser-Busch is now trying to turn around the brand’s fortunes by marketing Bud Light through platforms it considers uncontroversial.
    During a conference call with investors Tuesday, CEO Michel Doukeris said the company remains confident in Bud Light and “significantly increased” investment in it over the summer. Moving forward, the company plans to promote Bud Light at events like football games and concerts, he said.
    The beer is focusing on outlets such as the NFL, college football, the country music festival Stagecoach and Folds of Honor, a nonprofit organization which provides scholarships to military families.

    Earlier this month, Bud Light again became the official beer sponsor for the Ultimate Fighting Championship with a six-year marketing partnership. The sponsorship deal is “well into the nine figures,” and the largest in the mixed martial arts promotion’s history, CNBC previously reported.
    Moreover, Doukeris said the company has changed its marketing structure, and that he intends to steer the brand away from contentious debates.
    “While beer will always be at the table when important topics are debated, the beer itself should not be the focus of the debate,” he said.
    Doukeris also seemed to further distance the company from Mulvaney, who has criticized the company for failing to defend her amid the boycott. Additional backlash about how the company responded to the boycott contributed to lower sales earlier this year.
    “This was the result of one campaign,” he said of the Mulvaney partnership, which featured her face on a Bud Light can. “It was not made for production or sales to general public. It was one post, not a formal campaign or advertisement.”
    He added that the company has been trying to support the delivery drivers, sales representatives, wholesalers, and servers whom the “situation has impacted.”
    Despite weak sales in the U.S., Anheuser-Busch beat Wall Street’s expectations for the third quarter. Revenue rose 5% from the prior-year period to $15.57 billion, due to an industry-wide trend of higher pricing. More

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    JetBlue sinks to 12-year low as airline forecasts more losses, Spirit antitrust trial begins

    JetBlue faces the Justice Department in an antitrust trial over the carrier’s proposed acquisition of budget carrier Spirit Airlines.
    JetBlue has argued it needs to buy Spirit to grow and compete with larger carriers.
    The New York-based airline forecast an adjusted loss for the year.

    The JetBlue drop-off area at New York’s LaGuardia Airport on Oct. 31, 2023.
    Leslie Josephs/CNBC

    JetBlue Airways stock tumbled to a nearly 12-year low Tuesday as the company forecast a loss for the fourth quarter and heads to court to defend its acquisition of budget carrier Spirit Airlines, a purchase it argues is crucial to its future.
    Shares fell more than 10% Tuesday to $3.76 apiece. Spirit shares fell more than 12% to a three-year low.

    The U.S. Department of Justice sued in March to block JetBlue’s $3.8 billion all-cash purchase of Spirit, a deal the airline reached with the discounter in 2022 after a bidding war with rival Frontier Airlines.
    The deal would create the fifth-largest airline in the U.S. JetBlue argued it needs to buy Spirit to grow and better compete with giant carriers — American, Delta, United and Southwest — which control about three-quarters of the U.S. market and are products of megamergers themselves.
    The Justice Department, however, alleges that “the proposed transaction will increase fares and reduce choice on routes across the country, raising costs for the flying public and harming cost-conscious fliers most acutely.”
    JetBlue plans to remove seats from Spirit’s bright-yellow planes and outfit them with seatback screens to match JetBlue’s interiors. Spirit’s business model is based on packed planes, no-frills fares and fees for everything from seat assignments to carry-on luggage, while JetBlue has more amenities and fewer seats on board.

    A JetBlue Airlines plane takes off near Spirit Airlines planes at the Fort Lauderdale-Hollywood International Airport on May 16, 2022 in Fort Lauderdale, Florida.
    Joe Raedle | Getty Images

    The lawsuit is a test for President Joe Biden’s Justice Department, which has aggressively pursued antitrust cases with mixed results in the airline, health-care and publishing industries, among others.

    The trial starts Tuesday and is set to last about three weeks in U.S. District Court in Boston.
    In May, the Justice Department won a lawsuit to undo a partnership between JetBlue and American Airlines in the Northeast, an alliance the airlines started dissolving in the summer. At the time, JetBlue said it would focus instead on acquiring Spirit, a deal it expects to close early next year.
    JetBlue agreed to pay a reverse breakup fee of $70 million and another $400 million to Spirit shareholders if regulators successfully block the deal.
    The JetBlue-Spirit merger would be the first among major U.S. airlines since Alaska and Virgin America combined in 2016.

    Stock chart icon

    JetBlue and Spirit stocks on the first day of an antitrust trial seeking to block their merger.

    Neither JetBlue nor Spirit are on solid footing. Fuel prices have climbed along with other costs, just as red-hot post-pandemic growth in travel demand has eased and fares have dropped, depriving carriers of revenue when they need it to cover expenses.
    JetBlue on Tuesday posted third-quarter results that came in below analysts’ estimates. The airline reported an adjusted loss per share of 39 cents on revenue of $2.35 billion, underperforming an expected loss per share of 25 cents and revenue of $2.38 billion, according to consensus estimates compiled by LSEG, formerly known as Refinitiv.
    “While we have been able to offset some of the costs associated with the challenging operational backdrop, the sheer magnitude of the air traffic control and weather-related delays has been staggering,” CFO Ursula Hurley said in an earnings release.
    JetBlue also forecast an adjusted loss for the fourth quarter and the full year, guiding to an adjusted loss of between 35 cents and 55 cents in the last three months of the year.
    Spirit Airlines, meanwhile, said it will have little if any capacity growth next year as it grapples with slower demand and a Pratt & Whitney engine issue.
    The budget airline told staff it will pause new-hire flight attendant and pilot training next month, CNBC first reported last week.
    JetBlue said it would not answer any questions about the acquisition on the earnings call Tuesday.Don’t miss these CNBC PRO stories: More

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    Donald Trump’s second term would be a protectionist nightmare

    Sequels are never as good as the original. And when the original was terrible, there is even more reason to dread the next episode. So it is with “Tariff Man Part Two”. In the White House, Donald Trump put more new tariffs on American imports than any president in nearly a century. His philosophy was simple: “I am a Tariff Man. When people or countries come in to raid the great wealth of our Nation, I want them to pay for the privilege of doing so.”Mr Trump’s protectionism made America poorer, did little to help exporters and fed the inflation still raging. If he wins the Republican presidential nomination (a likely outcome) and goes on to win the election (too close to call), he has vowed to ramp up things. He is mulling an across-the-board levy of perhaps 10% on all products entering America. In one fell swoop, his plans would more than triple the average American tariff. The direct costs would be bad enough, with the tariffs functioning as a tax on consumers and hurting most producers. Yet they would also tear at America’s ties with its allies and threaten to wreck the global trade system.To get a sense of the impact, look back. On January 23rd 2018, a year after Mr Trump was sworn in, he got started with tariffs, hitting washing machines and solar panels. A couple of months later he went after aluminium and steel. A few months after that, it was Chinese goods. By 2021 American duties were worth 3% of the country’s total import value, double the level when Mr Trump took office. Tariffs on Chinese imports rose from 3% to 19%, calculates Chad Bown of the Peterson Institute for International Economics, a think-tank.image: The EconomistMr Trump’s first aim was to slim the trade deficit. He thought tariffs would bludgeon other countries into submission, leading them to rejig policies to America’s advantage. Memorably, he declared that “trade wars are good, and easy to win.” But instead of shrinking, the deficit widened. Instead of buckling, China tripled its tariffs on America. Many allies retaliated, too.The consequences were dismal. Industries that were protected by tariffs reaped benefits, enjoying greater market share and fatter profits. Most others suffered. America’s International Trade Commission (usitc), a bipartisan agency, found that industries downstream from tariff-coddled producers faced higher input prices and lower profitability. The Peterson Institute estimated that steel users in effect paid an extra $650,000 per job created in the steel industry. Studies have calculated that almost all the costs have been borne by Americans, rather than foreign producers. The usitc found a near one-to-one increase in the price of American imports in the wake of tariffs on China. image: The EconomistMr Trump did unquestionably succeed in one respect. He helped remake politics. According to a recent survey from the Chicago Council on Global Affairs, a think-tank, 66% of Americans think the government should place restrictions on imported foreign goods to protect jobs at home, up from 60% in 2018. On the campaign trail in 2019 Joe Biden criticised tariffs as a costly policy. In power he has rolled them back only a little. The array of levies on China remains intact. Whatever the merits of lifting tariffs, the White House appears fearful of blowback from looking soft on China.At the same time, Mr Biden has concocted an enormous industrial policy, fuelled by more than $1trn in subsidies for electric vehicles, offshore wind, semiconductors and the like. It is a more thoughtful and deliberate approach than Mr Trump’s, but it still looks likely to fail to bring about a manufacturing renaissance, is very expensive and, in lavishing subsidies on American factories, discriminates against other countries. It is, in short, rather Trumpist. image: The EconomistHow much worse could things get? If Mr Trump wins the presidential election in 2024, the world may discover that the answer is: “Rather a lot.” In August Mr Trump was interviewed on Fox Business, a television channel, by Larry Kudlow, his former economic adviser and a long-time media personality. Mr Trump put forward two ideas. First, all foreign firms selling to America would face a 10% levy. Second, if any country placed a high tariff on anything American, he would hit back with exactly the same tariff. “Call it retribution,” said Mr Trump. “Reciprocity,” interjected Mr Kudlow, using the politer label.The lineage of these ideas can be traced back to thinkers who crafted policy during Mr Trump’s presidency, and who are working on new, more detailed plans. Robert Lighthizer, United States Trade Representative under Mr Trump, recently laid out his vision in a book, “No Trade is Free”. One of his ideas is the universal tariff on all imports, to be used as a lever to bring America’s trade flows into balance, so that the country no longer runs a big deficit. Mr Lighthizer would not limit the tariff to 10%. Rather, he writes, America should impose the levy “at a progressively higher rate year after year until we achieve balance”.Project 2025, a coalition of conservative groups, published a book earlier this year with blueprints for almost every facet of government during a second Trump administration. In the trade chapter, Peter Navarro, another economic adviser to Mr Trump, bemoaned the fact that countries like China and India have higher levies on America’s goods than America does on theirs, arguing that this has led to “systematic exploitation of American farmers, ranchers, manufacturers, and workers”. In principle, reciprocity could be achieved in two ways—either by persuading other countries to lower tariffs or by America raising its own. Mr Navarro leaves no doubt as to his preference.Action, reactionIf Mr Trump has his way, other countries will probably respond by slapping their own tariffs on America. The spread of universal tariffs would be akin to a giant tax on cross-border transactions, making international commerce less attractive. Meanwhile, Mr Trump’s hopes of shrinking the trade deficit would run headlong into the economic forces that actually determine the balance of exchanges between countries. In America’s case the crucial factor is the country’s low saving rate, which is almost certain to continue as a result of persistently high consumer spending and widening government deficits.Mr Trump has pointed to one ostensible virtue of his tariffs: they generate income. The Committee for a Responsible Federal Budget, an advocacy group, estimates that a 10% tariff may bring in up to $2.5trn in extra revenue during its first decade of implementation, which could be used to reduce America’s budget deficit. But this money could also be brought in by other methods. Raising tariffs simply means picking them as a tax over others such as, say, a higher income or inheritance tax.Every tax has pros (eg, generating public revenue or discouraging bad behaviour) and cons (eg, hurting growth or imposing costs on individuals). The cons of tariffs are big. Ahmad Lashkaripour of Indiana University estimates that a global tariff war would shrink American gdp by about 1%. Most countries would suffer falls closer to 3%. The drag on smaller, trade-reliant economies would be greater still. Tariffs are also regressive since they hurt those on lower incomes twice. They tax more of their spending, by raising the price of consumer goods, and more of their earnings, since many work in industries, such as construction, that face higher material costs. If the bulk of the tariff bill is passed on to American consumers, as occurred with the first round of Mr Trump’s tariffs, a 10% duty would cost each American household about $2,000 per year.image: The EconomistThe toll from universal tariffs would go beyond their economic impact. International commerce, and the system that enables it, built after the second world war, allows countries to challenge each other’s policies at the World Trade Organisation (wto). But the wto’s role in dispute settlement has been disabled since 2019, when the Trump administration blocked appointments to its appellate body, preventing the institution from making binding rulings. The result is that countries which object to Mr Trump’s tariffs would lack a suitable way to confront them. “The system would fall apart in a much greater way than it did even during his first term,” says Douglas Irwin of Dartmouth College.Mr Biden has not been a model free-trader. His industrial policy is built on lavish subsidies that, by incentivising investment in America, are unfair to other countries. Yet even if somewhat hamfisted, he has worked to cobble together supply chains and trade networks that bring America and its allies closer together. This is part of an attempt, still in its infancy, to lessen dependence on China. Mr Trump’s tariffs would reverse Mr Biden’s progress. It would no longer be America and (occasionally reluctant) friends versus China—it would be America versus the world. “Trump would view it as a badge of honour if other countries were upset. He’d say, ‘See, I’m fighting for you and we’re sticking it to them’,” predicts Mr Irwin.Mr Trump would lack outright authority to implement a universal tariff. The constitution gives Congress the power to regulate commerce; the president can intervene only by using special justifications. Mr Trump previously drew on two statutes: section 232 of trade law allows the president to restrict imports in order to protect national security (the dubious basis for tariffs on steel and aluminium); section 301 allows a president to impose tariffs against a country with discriminatory trade behaviour (the more reasonable basis for actions against China). But both require time-consuming investigations, which would cut against the desire of Mr Trump and his advisers for rapid executive actions.Another option would be to invoke the International Emergency Economic Powers Act, which Mr Trump used in 2020 to order the removal of TikTok and WeChat, Chinese social-media goliaths, from American app stores. In this scenario Mr Trump would declare a national emergency and then announce a universal tariff as the response. “It is less clear exactly what national emergency would be declared,” says Jennifer Hillman, a former general counsel with the us Trade Representative. “Perhaps that the trade deficit is threatening American competitiveness? Or that the size of the trade deficit is unsustainable?”Few economists would endorse such thinking. Far from being a weakness, appetite for imports comes from America’s strength. The country has run deficits for the past half-century, a period of economic dominance. More crucially, legal experts would also take a dim view of a declaration. “Trump would be bending the law in a direction that it was never intended to apply,” says Alan Wolff, a veteran of trade law. “There would be court challenges, and they might well be successful.”Reciprocal tariffs might seem tidier, but even an attempt to impose tit-for-tat duties would get messy. Mr Navarro loves to point out that American tariffs on cars are just 2.5%, whereas the European Union charges 10%. What he omits is that America has long placed a 25% tariff on imports of pick-up trucks, not to mention hefty duties on some imports of lumber and some foods. Any line-by-line examination of tariffs would turn up scores of examples where American levies are higher than those of other countries.Indeed, a guiding principle of the wto is that countries can negotiate across different product categories to set tariffs that protect politically sensitive sectors, so long as they keep tariffs down overall. Letting countries hammer out unique tariff regimes is a core part of diplomacy. Pure reciprocity would descend into absurdity.Politically, Mr Trump would also face opposition. Despite his embrace of protectionism, many in the Republican Party are less committed. Consider Project 2025, the coalition drawing up policy plans for Mr Trump’s second term. It is quite clear in all of its positions—except for that on trade. Its chapter on trade is split in two: Mr Navarro’s plea for tariffs is set against a free-trade argument by Kent Lassman of the Competitive Enterprise Institute, a think-tank. Mr Lassman lays out what he dubs a “conservative vision for trade”, calling for tariff cuts to reduce consumer prices, as well as more ambitious trade deals.Mr Trump’s domestic opponents would receive support from abroad. A trade official with an American ally says that his government is braced for tariffs at the start of a new Trump administration, and that he and his colleagues have a damage-limitation playbook, honed during Mr Trump’s four years in office. They would work with firms and politicians in Republican districts that enjoy the benefits of trade—from Iowa’s corn-growers to Tennessee’s car industry—and try to persuade Mr Trump to carve out exceptions.Yet both legal challenges and lobbying would take months, if not longer, to play out. In the meantime, the global trade system would be plunged into uncertainty. Other governments would slap retaliatory tariffs on America. Mr Biden’s work to repair ties with America’s allies would be torn apart. As firms try to assess the risks, they could well turn more cautious in their investment, which would weigh on economic growth. Companies with border-straddling operations would face pressure to retrench. Smaller countries that are dependent on trade would be vulnerable.One of the lessons of Mr Trump’s first stint in the White House is that he can cause great damage with the stroke of a pen, and that the damage is not easily reversed. Most of his tariffs are still on the books. The wto remains neutered. The America-first ethos that he preached, once a fringe preference, is now a force in the political mainstream. The consequences of a second Trump presidency for global trade would be grave and enduring. ■ More

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    NBA and NHL broadcasts are coming soon to immersive ‘shared reality’ domes

    An immersive-technology company called Cosm will open its first two venues in 2024, allowing sports fans to watch live games in domes filled with 8K screens.
    Warner Bros. Discovery’s TNT Sports has partnered with Cosm to allow select broadcasts of its games to be used for the Cosm domes.
    Cosm’s CEO hopes the buzz around Las Vegas’ Sphere will help push people to try Cosm’s technology.

    Cosm’s shared reality dome concept for viewing live sports broadcasts.
    Courtesy: Cosm Venues

    Warner Bros. Discovery and Cosm, a privately held company that specializes in immersive technology, are about to make “shared reality” a reality for sports fans.
    Cosm plans to open two venues — a 65,000 square foot building in Los Angeles and a 70,000 square foot structure in Dallas — with seating areas for about 800 fans who will be able to watch select live sports that air on TNT in an immersive experience that mirrors being at the game.

    The Cosm venues will feature domes with 360 degree, 87 foot diameter 8K LED screens that are similar in concept to James Dolan’s Las Vegas Sphere, which debuted in September. But unlike the Sphere, which specializes in live entertainment, the Cosm venues will focus on repurposing broadcasts to give consumers immersed experiences such as a courtside view at NBA games or a rink-side angle for hockey games.
    No headsets or glasses are needed to watch the games. Cosm uses multicamera productions to simulate the experience of sitting courtside at a basketball game or pitch side at a soccer match. The experience won’t be 3D, but the effect of the dome viewing will make viewers feel as if they’re in the arena.
    “We buy into that same kind of notion of leveraging amazing technology to give the human experience something they’ve never seen before,” Jeb Terry, CEO at Cosm, said in an exclusive CNBC interview. “With the Sphere, it’s big, huge, grand scale. Ours is more of a smaller format and really focused on live sports and live programing — like you’re absolutely there.”

    The Sphere is seen during opening night with the U2:UV Achtung Baby Live concert at the Venetian Resort in Las Vegas on Sept. 29, 2023.
    Tayfun Coskun | Anadolu Agency | Getty Images

    Cosm venues will feature select games on TNT in the venues, including some National Basketball Association regular season and playoff games, the National Hockey League’s Stanley Cup Playoffs and select U.S. Men’s and Women’s National Soccer Team matches.
    The Cosm Los Angeles venue will open in the spring of 2024. The Dallas venue will open later next year. Each building will accommodate about 2,000 people. There will be standing areas similar to modern sports bars, with game broadcasts of all different sports, attached to the dome portion of the building. They will include lounges and other places to sit. Fans who buy a seat, which will be spread out rather than theater style, will have access to concessions and will be able to hear the TNT broadcast.

    Cosm’s history

    Cosm was founded in 2020 by private equity firm Mirasol Capital, which specializes in real estate, technology and entertainment, through a series of acquisitions of spatial computing, engineering and immersive video production companies. Mirasol’s founder is Steve Winn, a Dallas-based billionaire who sold his software company RealPage to Thoma Bravo in 2021 for $10.2 billion, including debt.
    Terry, Cosm’s CEO, is a former National Football League offensive lineman for the Tampa Bay Buccaneers and Fox Sports executive. He’s also a managing director at Mirasol. Cosm has more than 250 employees and is headquartered in Los Angeles.
    Cosm’s technology, through an acquisition of Evans & Sutherland, powers more than 700 planetariums around the world. The partnership with Warner Bros. Discovery is a revenue-sharing agreement and could eventually extend to other nonscripted entertainment content, such as concerts. There’s even the potential for using the technology to enhance scripted shows, said Raphael Poplock, Bleacher Report senior vice president of business development and strategic partnerships.
    “It has extension potential well beyond sports,” said Poplock, who helped forge the partnership for Warner Bros. Discovery. “When I was in there, I was like, I got this for the NBA, the NHL, for soccer, for all of our sports portfolio. But that was also when ‘The Last of Us’ was killing it on HBO and Max. And I was thinking, geez, if you did a premiere for season two and really had an immersive, post-apocalyptic world, that could look pretty badass.”
    Terry’s first priority is to use the TNT Sports deal as a template to get more live sports rights into the venues for fans. He also plans to build more domes in cities around the U.S.
    “This Turner Sports deal is the first of its kind, but it’s not going to be the last,” Terry said.
    WATCH: Sphere Entertainment shares surge as U2 performs.

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    UAW strikes cost Stellantis about $3.2 billion in revenue

    Labor strikes by the United Auto Workers union cost Stellantis about $3.2 billion, or 3 billion euros, in lost revenue through October, the company reported Tuesday.
    Stellantis has announced tentative agreements with both the UAW and Unifor unions since Saturday.
    Despite the labor strikes, Stellantis maintained its 2023 guidance, signaling the strength of its global footprint compared to GM and Ford.

    United Auto Workers members rally outside Stellantis’ Ram 1500 plant in Sterling Heights, Michigan, after the union called a strike at the plant on Oct. 23, 2023.
    Michael Wayland / CNBC

    DETROIT — Labor strikes by the United Auto Workers union cost Stellantis about $3.2 billion, or 3 billion euros, in lost revenue through October, the company reported Tuesday.
    That total also includes the effect of strikes by the Canadian union Unifor, but that work stoppage lasted only a few hours Monday. UAW workers began roughly six weeks of targeted U.S. strikes against Stellantis, General Motors and Ford Motor on Sept. 15.

    Stellantis has announced tentative agreements with both North American unions since Saturday. However, members must still ratify the deals.
    Stellantis Chief Financial Officer Natalie Knight declined to disclose how much the UAW strikes dented the company’s earnings, but she said the effect would likely be in line with GM and Ford.
    Ford said the UAW strike cost it $1.3 billion in earnings before interest and taxes, including roughly $100 million during the third quarter. GM said the strike cost it $800 million as of last week, including $200 million during the third quarter.
    Despite the labor strikes, Stellantis maintained its 2023 guidance, signaling the strength of its global footprint compared to its main U.S.-based competitors. Both Ford and GM pulled their 2023 guidance due to the volatility caused by the work stoppages.
    Stellantis’ guidance includes double-digit adjusted operating income margin, positive industrial-free cash flows and completion of $1.6 billion, or 1.5 billion euros, in share buybacks.

    Stellantis, which does not report quarterly earnings, reported global revenues Tuesday that were up 7% year over year in the third quarter to roughly $48.08 billion, or 45.1 billion euros. Its shipments during the third quarter were up 11% compared to a year earlier to more than 1.4 million units.Don’t miss these CNBC PRO stories: More

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    Biden administration to crack down on ‘junk fees’ in retirement plans

    The U.S. Department of Labor proposed a rule on Tuesday to crack down on so-called junk fees in retirement accounts like 401(k) plans and individual retirement accounts.
    These fees are financial conflicts of interest that sometimes exist when financial advisors give investment advice to retirement savers, the White House said.
    The rule targets three areas: recommendations to roll over money from 401(k) plans to IRAs; to buy “non-securities” products like indexed annuities; and to offer certain investments to 401(k) participants.
    The Obama administration also tried to rewrite so-called “fiduciary” rules. Its measure was killed in court.

    Julie A. Su, nominee for deputy secretary of Labor, testifies during her Senate Health, Education, Labor and Pensions Committee confirmation hearing in Washington, D.C., on March 16, 2021.
    Tom Williams | CQ-Roll Call, Inc. | Getty Images

    The Biden administration is cracking down on so-called “junk fees” in retirement accounts.  
    The U.S. Department of Labor on Tuesday proposed a rule that would raise the bar for financial advisors, brokers and insurance agents who give investment advice to Americans saving in 401(k) plans, individual retirement accounts and other types of savings vehicles.

    Specifically, the proposal seeks to close “loopholes” in current law that sometimes allow trusted advisors to recommend investments that aren’t in a saver’s best interest but may pay the advisor a higher commission, administration officials said.
    More from Personal Finance:Inherited IRA withdrawal rules are ‘so complicated’It may take $10 million to achieve ‘financial freedom’Retirement withdrawal rules are ‘crazy’ this year
    The rule targets financial advice in three areas: rollovers from 401(k) plans to IRAs; “non-securities” products like indexed annuities and commodities like gold, which generally aren’t regulated by the Securities and Exchange Commission; and recommendations made to employers on which investment funds to offer in 401(k) plans, according to the White House.
    There’s a 60-day period for the public to submit comments on the proposal.

    Financial conflicts of interest are ‘hidden costs’

    The proposal, if codified, would impact millions of investors.

    For example, in 2020, about 5.7 million Americans rolled a total $618 billion into IRAs, according to most recent IRS data. Individuals also funneled $79 billion into indexed annuities in 2022, an annual record, according to LIMRA, an insurance industry group. And 86 million people were actively investing in 401(k)-type plans as of 2019, according to the Congressional Research Service.
    The “hidden costs” of financial conflicts in retirement plans amount to “junk fees,” Lael Brainard, director of the White House National Economic Council, said during a press call Monday evening. They can reduce a middle-class household’s retirement savings by 20% — amounting to perhaps tens or even hundreds of thousands of dollars, she said.

    “It’s time to get junk fees out of the retirement savings market,” said Julie Su, acting secretary of the Labor Department, during the call.
    Critics think regulating the retirement market in such a way would do harm, however.
    Sen. Bill Cassidy, R-La., and Rep. Virginia Foxx, R-N.C., sent a letter to the Labor Department in August saying its efforts to rewrite existing protections were “misguided” and risked creating confusion in the marketplace, unwarranted compliance expenses and instability for retirement plans, retirees and savers.

    How the proposal seeks to raise investor protections

    The Labor Department has jurisdiction over retirement accounts. Its proposal would subject financial advisors and others who work with retirement investors to a “fiduciary” legal standard under the Employee Retirement Income Security Act of 1974, according to administration officials.
    Here’s why that’s important: These fiduciary protections are generally the highest known to law, relative to other rules covering financial advice and recommendations, according to attorneys.
    That would generally mean investment advice must be given solely in investors’ best interests, and that advisors must set aside their own self-interests.

    National Economic Council Director Lael Brainard speaks during the daily press briefing at the White House on Oct. 26, 2023.
    Anna Moneymaker | Getty Images News | Getty Images

    There are certain contexts in which these protections don’t apply under current law: for example, if an advisor makes a one-time recommendation to an investor to roll over money to an IRA and doesn’t maintain an ongoing relationship with that saver in the future.
    And while the SEC separately raised its bar for investment advice in 2019, its purview doesn’t extend to popular retirement products like indexed annuities, a popular insurance product that’s not regulated as a security.
    However, the Labor Department can regulate them if sold in a retirement account, according to a Biden administration official speaking on background.

    It’s time to get junk fees out of the retirement savings market.

    acting secretary of the Department of Labor

    Sales of these annuities, which are “relatively complicated” and opaque, are “too frequently driven by financial incentives” and not by what’s right for the investor, the official said.

    The Obama administration tried to rewrite similar rules

    The Labor Department also tried to rewrite so-called fiduciary rules during the Obama administration. However, the Fifth Circuit Court of Appeals killed that measure in 2018.
    Some groups believe a new Labor Department rule would stifle uptake of certain investments that are helpful for savers. When the Obama-era rule initially took effect, 29% of brokerage firms reduced advice to investors and 24% eliminated it, according to a Deloitte survey commissioned by the Securities Industry and Financial Markets Association, a brokerage industry trade group.
    “Unfortunately, a fiduciary-only regulation would shut off access to important retirement tools, and hurt the very people the regulation intends to help,” according to the American Council of Life Insurers, a trade group.
    However, this new proposal is more narrowly applied, said the Biden official speaking on background.
    “There are a number of fairly significant differences between the two,” the official said.
    The Biden administration has been cracking down on junk fees in other contexts, too, like banking, rental housing and concert tickets.   More

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    Pfizer swings to quarterly loss due to Paxlovid, Covid vaccine write-offs

    Pfizer reported a quarterly loss for the third quarter as the drugmaker recorded charges largely related to struggles for its Covid antiviral treatment Paxlovid and the Covid vaccine.
    The results come two weeks after Pfizer slashed its full-year adjusted earnings and revenue guidance and launched a sweeping $3.5 billion cost-cutting plan.
    Pfizer will hold an earnings call with investors at 10 a.m. ET.

    CFOTO | Future Publishing | Getty Images

    Pfizer on Tuesday reported a narrower-than-expected adjusted loss for the third quarter as the drugmaker recorded charges largely related to struggles for its Covid antiviral treatment Paxlovid and the Covid vaccine.
    Pfizer said it recorded a $5.6 billion charge for inventory write-offs in the third quarter due to lower-than-expected use of Covid products. Of these write-offs, $4.7 billion is chalked up to Paxlovid and $900 million is attributed to the company’s vaccine.

    The pharmaceutical giant also reiterated the full-year adjusted earnings and revenue guidance it announced two weeks ago, which is drastically lower than its initial projections due to weakening demand for its Covid products. That decline in demand also led Pfizer to announce a sweeping $3.5 billion cost-cutting plan at the same time. 
    Those efforts were seen as necessary to shore up investor sentiment as Pfizer and its rivals such as Moderna struggle to navigate the rapid decline of their Covid businesses, which are transitioning to the commercial market in the U.S. this year.
    Here’s what Pfizer reported for the third quarter compared to what Wall Street was expecting, based on a survey of analysts by LSEG, formerly known as Refinitiv:

    Loss per share: 17 cents, adjusted vs. 34 cents expected
    Revenue: $13.23 billion vs. $13.34 billion expected

    Pfizer reported third-quarter revenue of $13.23 billion, down 42% from the same period a year ago, due to the decline in sales of its Covid products.
    The company’s Covid vaccine raked in $1.31 billion in sales, down 70% from the year-ago quarter. Analysts had expected the shot to bring in $1.53 billion in sales, according to FactSet estimates.

    Paxlovid posted $202 million in revenue, a drop of 97%. Analysts had expected $613.5 million in sales of the drug, according to FactSet estimates.
    Together, the products pulled in around $1.5 billion in revenue for the quarter. That compares with roughly $12 billion in sales during the same period a year ago.
    For the third quarter, Pfizer booked a net loss of $2.38 billion, or 42 cents per share. That compares to a net income of $8.61 billion, or $1.51 per share, during the same period a year ago. 
    Excluding certain items, the company’s loss per share was 17 cents for the quarter.
    Pfizer reiterated the guidance it outlined in October: The company expects 2023 sales of $58 billion to $61 billion and full-year adjusted earnings of $1.45 to $1.65 per share.
    The company anticipates that its Covid vaccine will rake in $11.5 billion in sales this year.
    Meanwhile, the pharmaceutical giant expects its Covid antiviral treatment Paxlovid to bring in $1 billion in revenue. Pfizer has agreed to take eight million Paxlovid courses back early from the U.S. government, which is part of an effort to get more higher-priced sales of the drug on the commercial market.
    Shares of Pfizer are down roughly 40% for the year through Monday’s close, putting the company’s market value at around $172.5 billion.

    Pfizer’s non-Covid drugs

    Excluding Covid products, Pfizer said revenue for the quarter grew 10% operationally.
    The company said that growth was partly fueled by its new vaccine against respiratory syncytial virus, which entered the market during the quarter for seniors and expectant mothers. The shot, known as Abrysvo, posted $375 million in sales for the period. 
    Recently acquired drugs also drove revenue. Biohaven Pharmaceuticals’ migraine drug Nurtec ODT and Global Blood Therapeutics’ sickle cell disease treatment Oxbryta drew in $233 million and $85 million, respectively.
    The company said revenue was also fueled by strong sales of Vyndaqel drugs, which are used to treat a certain type of cardiomyopathy, a disease of the heart muscle. Those drugs booked $892 million in sales, up 48% from the third quarter of 2022.
    A group of shots to protect against pneumococcal pneumonia also contributed, raking in $1.85 billion in sales for the quarter, up 15% from the year-ago period. 
    Meanwhile, Pfizer’s blood thinner Eliquis posted $1.49 billion in revenue for the third quarter, up just 2% from a year ago. That came in slightly under analysts’ estimates of $1.54 billion, according to FactSet.
    Eliquis, which is marketed in partnership with Bristol Myers Squibb, is among the first 10 drugs to face Medicare drug price negotiations.
    Wells Fargo analyst Mohit Bansal said in a research note Tuesday that the operational revenue growth during the quarter “bodes well” for Pfizer to meet its full-year guidance of 6% to 8% growth compared to 2022. 

    Pfizer drug pipeline, M&A

    Pfizer is hoping to shift investor focus away from Covid toward its growth opportunities, including mergers and acquisitions and a record pipeline.
    The company had a busy few months of product launches, which included a vaccine for RSV, an ulcerative colitis pill, a meningococcal vaccine and of course, the newest version of its Covid vaccine. 
    Investors are waiting for updates on a midstage trial of Pfizer’s oral obesity pill danuglipron, which could potentially compete with Eli Lilly’s experimental obesity pill orforglipron. Positive data could solidify Pfizer as a viable competitor in the weight loss drug space, which Novo Nordisk and Eli Lilly have so far dominated.
    Investors are also looking for any updates on Pfizer’s $43 billion acquisition of cancer therapy maker Seagen, a deal the company believes could contribute more than $10 billion in risk-adjusted sales by 2030. 
    The European Commission, the executive body of the European Union, approved the proposed buyout earlier this month.
    Pfizer will hold an earnings call with investors at 10 a.m. ET.Don’t miss these CNBC PRO stories: More

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    Why working longer is a bad retirement plan

    Almost half, 46%, of retirees in 2023 said they stopped working earlier than planned, according to the Employee Benefit Research Institute.
    This often happens due to unforeseen circumstances such as job loss or health complications.
    Retiring early can have negative financial effects, like drawing down savings and claiming Social Security before the optimal time.

    Daniel Gonzalez | Moment | Getty Images

    Working longer is among the best ways to ensure you don’t outlive your retirement savings. The problem is, you can’t count on it as a strategy.
    When it comes to retirement age, there’s a big gap in expectations versus reality. Americans generally retire earlier than planned — often due to factors beyond their control, such as poor health or job loss, research shows.

    In 2022, the average expected retirement age was 66, according to a Gallup poll. But the actual retirement age was 62, on average. While the averages have varied somewhat over the years, there has been a consistent gap of about five years between expected and actual retirement ages since 2002, Gallup said.

    Why retiring later can have a ‘dramatic’ impact

    Delaying retirement by just a few years can have a “dramatic” positive financial effect, Blanchett said.
    Such people continue to get a regular paycheck, so don’t have to live off their savings. Meanwhile, they have extra time to save and for their assets to (hopefully) grow. Further, they can likely delay claiming Social Security benefits, guaranteeing a higher monthly payout for the rest of their lives.
    But retiring earlier than anticipated can have the opposite impact, experts said.
    Largely, this disproportionately affects people who plan to retire in their early 60s or later, according to Blanchett’s research.

    Those who target a retirement age past 61 end up making it about half as far as expected, he found. For example, someone who aims to retire at 69 would actually retire around age 65.
    Yet, countervailing trends are pushing workers to retire later.
    Social Security’s full retirement age has gradually been pushed back, to as late as age 67 for anyone born in 1960 or after. Americans are living longer, meaning they need to amass more savings to fund their lifestyles in old age.
    The shift from pensions to 401(k)-type plans is also a factor, said Richard Johnson, senior fellow at the Urban Institute. Pensions generally offer an incentive to start collecting benefits at a certain age, whereas no such trigger exists in 401(k) plans, he said.

    Early retirement is largely due to unforeseen events

    Momo Productions | Digitalvision | Getty Images

    One-third of workers expect to retire at age 70 or later — or not at all, according to EBRI. But only 6% of retirees said they did retire at 70.
    In 2023, 35% of people who said they retired earlier than planned did so because of a hardship like a health problem or disability, according to EBRI. Another 31% did so due to changes at their company.
    “The key is, these are things you aren’t going to be able to control,” Blanchett said.
    Of course, a large share — 35% — also said they could afford to retire early, EBRI found. And almost half of retirees said they were able to stop working at about the time they planned.

    Job loss is ‘really consequential’ for older adults

    More than half, 56%, of full-time workers in their early 50s get pushed out of their jobs (due to circumstances like a layoff) before they’re ready to retire, according to a 2018 paper published by the Urban Institute.
    “Job loss at older ages is really consequential,” said Johnson, a report co-author. He attributes much of that workplace dynamic to ageism.
    Just 10% who suffered an involuntary job separation in their early 50s ever earn as much per week after their separation as before it, the Urban Institute paper said. In other words, 90% earn less — “often substantially less,” Johnson said.
    Many may not be able to find a new job altogether.

    Johnson’s research shows that in the aftermath of the Great Recession (from 2008 through 2012), workers 50 to 61 years old who lost a job were 20% less likely to be reemployed than workers in their 20s and early 30s. Those age 62 and older were 50% less likely to have a new job.
    “Working longer is in theory a good option to shore up your retirement savings,” Johnson said. “But when workers are preparing for retirement, they shouldn’t bet to be able to stay in their jobs for as long as they want.”
    Today’s strong labor market means it may be easier for older workers to find a new job, Johnson said. However, it’s unclear how long that strength will last.
    It may also be easier for many retirees today, especially those who can work from home, to find part-time gigs to help blunt the financial impact of earlier-than-expected retirement from full-time employment, experts said. More