Herbalife says fourth-quarter profit will exceed expectations

Herbalife Ltd. forecast that fourth-quarter earnings will come in higher than expected but said expenses could rise as the nutritional supplement distributor ramps up its fight with activist hedge-fund manager William Ackman.

The Los Angeles company said Thursday it also plans to buy back shares, a sign that management believes the stock is undervalued. It's a much-needed boost for a company that's been mired in a battle with an investor who says the company is on its way downhill.

"Herbalife is a financially strong and successful company, having created significant opportunities for distributors and positively impact the lives and health of our consumers over our history," company Chief Executive Michael Johnson said in a statement.

Herbalife said it expected fourth-quarter earnings of $1.02 to $1.05 a share, higher than Wall Street's expectation of $1.01 a share. Sales for the fourth quarter are expected to rise 19.9%, the company said, and its taxes will be lower than projected. The company plans to begin repurchasing shares Tuesday.

The company also said it expected expenses to be temporarily higher "because of recent events."

Herbalife has been battling allegations by Ackman, who said in a December presentation that the company is a glorified pyramid scheme. He's sold short about 20 million shares of the stock, expecting the company to tank. Herbalife is also reportedly being investigated by the Securities and Exchange Commission.

A week ago in Manhattan, Johnson and other Herbalife executives rebutted Ackman's points one by one, proving, they said, that Herbalife has a stable business model and is not scamming anyone. Shares of the company, which had been slumping, began rising again after Johnson's presentation.

Ackman foe Carl Icahn stepped into the controversy this week, taking a stake in Herbalife, according to reports. Icahn could not be reached for comment.

Investors showed mixed reaction to Herbalife's preliminary earnings Thursday. The stock initially shot up in morning trading but leveled off in the afternoon and closed down $1.54, or 3.4%, at $43.52.

Herbalife will release its final fourth quarter results Feb. 19.

Analysts such as Timothy Ramey, of D.A. Davidson & Co., say they're optimistic about the company's future. Ramey also adjusted his expectations of the company's earnings.

In 2013, earnings will be $4.85 a share, up from his previous estimate of $4.55, he said in a note. He also adjusted his forecast for 2012 earnings to $4.05 a share from $4.03.

Ramey said he expects Herbalife stock to thrive once it emerges from the current controversy, which he expects will happen in 2013. In five years, the stock could hit $180, he said.

"There has never been a period of greater scrutiny for Herbalife," he wrote.

alana.semuels@latimes.com

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European regulators ground the Boeing 787 Dreamliner

European regulators ordered all Boeing 787 Dreamliners grounded Thursday, following the lead of U.S. aviation safety officials. (David McNew / Getty Images / January 17, 2013)

By Henry Chu

January 17, 2013, 2:27 a.m.

LONDON – European air-safety officials followed their American counterparts’ lead Thursday by grounding Boeing 787 Dreamliner jumbo jets after a series of worrisome incidents aboard the new aircraft.

The European Aviation Safety Agency, or EASA, announced that it was adopting the Federal Aviation Administration’s directive, issued Wednesday, ordering all 787s taken out of service. Jeremie Teahan, a spokesman for the EASA, said the action was taken “to ensure the continuing airworthiness of the European fleet.”

As a practical matter, the decision by European regulators will affect only two 787s being used by the Polish airline LOT. But the move increases pressure on Boeing, which insists that its new passenger jet is safe but has promised to work with the FAA to resolve any concerns.

Doubts about the 787’s safety grew after a fire aboard a plane parked at Boston’s airport and an emergency landing by an All Nippon Airways flight whose crew reported a strange smell and noticed indications of a problem with a lithium-ion battery.

The FAA’s directive was issued less than a week after U.S. transport officials deemed the 787 safe to fly. The agency said that Boeing now had to “address a potential battery fire risk in the 787.”

Teahan said the EASA would “carefully monitor the situation and is prepared to provide any support the FAA may require in their investigation.”

ALSO:

London copter crash kills 2

FAA grounds entire fleet of Boeing 787s

Germany to bring home its gold by 2020

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You Can Use Facebook for Free Cellphone Calls Now

Wait, what?

RELATED: Facebook’s Faster iPhone App Isn’t Fast Enough

Yes, theoretically you can kis those talk-time minutes from your cellphone data plan goodbye — as long as you’re content to have all your voice conversation with other Facebook users over data or Wi-Fi by way of your Messenger app. It’s called Voice Over Internet Protocol talking, and it’s the same thing that was supposed to help Skype take over the world last decade, and it might end up being a lot more useful to the savvy consumer’s pocketbook than the Graph Search, which Mark Zuckerberg called the “third pillar” of Facebook yesterday.

RELATED: Everything There Is to Know About That Facebook Phone

To make a call, all Facebook users have to do is tap the little “i” at the top right corner of the revamped app, which leads to the screen pictured above at right. As long as the other caller has the Messenger app, U.S. users can now tap Free Call, and, well, it’s just like making a phone call, really — except that instead of ringing, a push notification pops up: “You have a call from Carly.” (Seriously! We just tried it! It was free!)

RELATED: What Can Apple’s Acquisition of Chomp Mean?

Of course, this isn’t a Facebook-branded piece of hardware, or even the full-scale cellphone OS many have been drooling over as the social network figures out its mobile future. But this software could replace the traditional way we make calls. As we’ve explained before, Facebook has a lot of things going for it in taking VoIP calls to the masses in the way the Skype never really could: Messenger’s got all the right contacts, it costs almost nothing, and it even works in areas with terrible reception. Not to mention it works over data plans for everyone and not just people with compatible phones — Apple’s FaceTime feature only works on the iPhone 4S or 5, even if it’s more available now. Still, Facebook doesn’t have video chat for Messenger. But, hey, one world dominating step at a time, right?

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Sniping, then singing as 'American Idol' returns

LOS ANGELES (AP) — There was no hair-pulling between Mariah Carey and Nicki Minaj on the season debut of "American Idol," although some viewers may have been reduced to it.

The pop divas exchanged insults worthy of middle schoolers, fellow freshman judge Keith Urban looked trapped between them, and there was a whiff of make-believe Wednesday about the show's touted feud.

"We can have accessories. I didn't know that was allowed. That's all I'm gonna say," Carey commented archly about Minaj's flashy, drum major-style hat.

The rapper took offense.

"Why'd you have to reference my hat?" Minaj said, with Carey then accusing Minaj of rudeness to her during an earlier elevator meeting.

Mercifully, a contestant arrived to break up the bickering and remind us that we tuned in to a talent show, not an episode of "Real Housewives of American Idol."

When the action resumed, Minaj demonstrated a magnificent talent for eye-rolling and upped the ante with a muttered insult.

"If she called me something that begins with a 'b' and ends with an 'itch,' I rebuke it," Carey declared.

Whether the clash is real or not, Minaj's scrappiness came off as far more entertaining than Carey's demure, even queenly manner. Carey is getting a truly royal paycheck: $18 million, to Minaj's $12 million.

The award for least self-absorbed judge goes to genial country singer Urban.

The two-hour episode opened by showcasing last year's winner, Phillip Phillips, and those alumni with established careers, including Carrie Underwood, Kelly Clarkson and Jennifer Hudson.

Then host Ryan Seacrest brought "American Idol" back down to earth and to its new judges.

"Our legacy continues as a new era begins," he said, reciting the panelists' resumes, including record sales, Grammys won and, in Carey's case, vocal range (five octaves, "the definition of diva," Seacrest said).

Cue the parade of good, bad and touching performances and biographies, with contestants facing serious challenges once again an "Idol" hallmark.

The judges, including veteran Randy Jackson, hardened their hearts and rejected a young man who had lost a leg to cancer but melted for a teenage girl whose family fosters children with medical concerns and another singer with partial hearing loss.

Forty-one people survived the New York auditions to sing another day in the Hollywood rounds, with the action moving to Chicago on Thursday's episode.

"I feel like we jell well in a weird, crazy way," Minaj declared optimistically of the panel near the episode's conclusion.

Fox certainly hopes so. Last season, "Idol" lost its status as the most-watched TV program for the first time since 2003, eclipsed by NBC's "Sunday Night Football," and pegged its lowest-rated season since it debuted in summer 2002.

___

Online:

http://www.fox.com

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Some With Autism Diagnosis Can Recover, Study Finds

Doctors have long believed that disabling autistic disorders last a lifetime, but a new study has found that some children who exhibit signature symptoms of the disorder recover completely.

The study, posted online on Wednesday by the Journal of Child Psychology and Psychiatry, is the largest to date of such extraordinary cases and is likely to alter the way that scientists and parents think and talk about autism, experts said.

Researchers on Wednesday cautioned against false hope. The findings suggest that the so-called autism spectrum contains a small but significant group who make big improvements in behavioral therapy for unknown, perhaps biological reasons, but that most children show much smaller gains. Doctors have no way to predict which children will do well.

Researchers have long known that between 1 and 20 percent of children given an autism diagnosis no longer qualify for one a few years or more later. They have suspected that in most cases the diagnosis was mistaken; the rate of autism diagnosis has ballooned over the past two decades, and some research suggests that it has been loosely applied.

The new study should put some of that skepticism to rest.

“This is the first solid science to address this question of possible recovery, and I think it has big implications,” said Sally Ozonoff of the MIND Institute at the University of California, Davis, who was not involved in the research. “I know many of us as would rather have had our tooth pulled than use the word ‘recover,’ it was so unscientific. Now we can use it, though I think we need to stress that it’s rare.”

She and other experts said the findings strongly supported the value of early diagnosis and treatment.

In the study, a team led by Deborah Fein of the University of Connecticut at Storrs recruited 34 people who had been diagnosed before the age of 5 and no longer had any symptoms. They ranged in age from 8 to 21 years old and early in their development were in the higher-than-average range of the autism spectrum. The team conducted extensive testing of its own, including interviews with parents in some cases, to gauge current social and communication skills.

The debate over whether recovery is possible has simmered for decades and peaked in 1987, when the pioneering autism researcher O. Ivar Lovaas reported that 47 percent of children with the diagnosis showed full recovery after undergoing a therapy he had devised. This therapy, a behavioral approach in which increments of learned skills garner small rewards, is the basis for the most effective approach used today; still, many were skeptical and questioned his definition of recovery.

Dr. Fein and her team used standardized, widely used measures and found no differences between the group of 34 formerly diagnosed people and a group of 34 matched control subjects who had never had a diagnosis.

“They no longer qualified for the diagnosis,” said Dr. Fein, whose co-authors include researchers from Queens University in Kingston, Ontario; Children’s Hospital of Philadelphia; the Institute of Living in Hartford; and the Child Mind Institute in New York. “I want to stress to parents that it’s a minority of kids who are able to do this, and no one should think they somehow missed the boat if they don’t get this outcome.”

On measures of social and communication skills, the recovered group scored significantly better than 44 peers who had a diagnosis of high-functioning autism or Asperger’s syndrome.

Dr. Fein emphasized the importance of behavioral therapy. “These people did not just grow out of their autism,” she said. “I have been treating children for 40 years and never seen improvements like this unless therapists and parents put in years of work.”

The team plans further research to learn more about those who are able to recover. No one knows which ingredients or therapies are most effective, if any, or if there are patterns of behavior or biological markers that predict such success.

“Some children who do well become quite independent as adults but have significant anxiety and depression and are sometimes suicidal,” said Dr. Fred Volkmar, the director of the Child Study Center at the Yale University School of Medicine. There are no studies of this group, he said.

That, because of the new study, is about to change.

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U.S. finalizes rules for financial firms to avoid foreclosures

In a major effort to heal the $10-trillion U.S. mortgage market, the Consumer Financial Protection Bureau has finalized rules designed to ensure financial firms offer every available option to keep delinquent borrowers in their homes.

The regulations, to be announced Thursday, address widespread complaints that loan servicers — the companies that collect mortgage payments and repossess homes — were woefully unprepared to help borrowers during the tsunami of foreclosures after the housing bust.

They are designed to complement previous settlements by major banks over allegations of widespread servicing and foreclosure abuses. But unlike earlier settlements, they will apply to all large mortgage servicers, not just banks, in all states.

Still, the rules drew immediate criticism from a prominent consumer group, which said they don't do enough to force servicers to consider easing the terms of mortgages and expressed fears that the rules might preempt stronger existing provisions.

"While the establishment of industrywide standards is important, the failure to require meaningful loan modification protections is a retreat from current safeguards under the soon-to-expire [Obama administration] loan modification program," said Alys Cohen, an attorney with the National Consumer Law Center.

The consumer bureau was created when Congress passed the sweeping Dodd-Frank financial reform act in reaction to the mortgage meltdown and the global economic crisis that ensued. The law also required lenders to ensure that they only make loans that borrowers can reasonably be expected to repay.

Last week, the bureau issued major regulations providing a "safe harbor" from lawsuits under that new requirement for lenders who make certain types of presumably sound home loans. A key requirement is that total debt payments for borrowers — including principal, interest, taxes and insurance on home loans — be no more than 43% of gross income.

The rules to be released Thursday, which take effect in a year, bar lenders from pursuing foreclosure proceedings against borrowers while applications for loan modifications are pending — the much-criticized practice of "dual tracking."

The consumer bureau said banks also must provide "direct, easy, ongoing access" to employees who are required to alert borrowers to missing information, provide status reports on modification requests and ensure documents don't get lost.

Banks also are required to inform borrowers who miss two monthly payments about options to avoid foreclosure and to wait until loans go 120 days delinquent before beginning a foreclosure — a provision that would preempt a 90-day requirement under California law.

Richard Cordray, the consumer bureau's director, said distressed borrowers had not gotten the help and support they deserved, such as "timely and accurate information about their options for saving their homes."

"Servicers failed to answer phone calls, routinely lost paperwork and mishandled accounts," Cordray said in remarks to be delivered at an industry conference Thursday.

"Communication and coordination were poor, leading many to think they were on their way to a solution, only to find that their homes had been foreclosed on and sold," he said. "At times, people arrived home to find they had been unexpectedly locked out."

The new rules don't apply to most small banks and credit unions. Bureau officials said they have had few complaints about these small institutions, which are more likely to keep loans on their books, rather than sell them, and generally devote more attention to individual customers.

Servicers often are collecting payments on behalf of loan owners, who may be the banks themselves but more often are trusts created on behalf of mortgage investors. The investors have mandated a wide range of relief programs for troubled borrowers in addition to government-sponsored programs such as the Obama administration's Home Affordable Modification Program.

In the past, servicers would sometimes not inform troubled borrowers about all the options, instead steering them into foreclosure or programs that provided the servicers with greater financial rewards, bureau officials said.

The servicers are now supposed to clearly explain all alternatives to borrowers so they can pick the best one. The new rules also establish clearer opportunities for borrowers to appeal servicers' denials of loan modifications.

In addition to worries that the bureau has not cracked down hard enough on servicers, consumer advocates expressed concern that the new rules will not take effect for a year.

"While we understand that servicers need time to implement complex procedures, we're still in the middle of a foreclosure crisis," Cohen said. "Many people will unnecessarily lose their homes if we wait a year."

scott.reckard@latimes.com

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Confession could be bad for Lance Armstrong's bank account

Now that Lance Armstrong has finally admitted to using performance-enhancing drugs during his storied athletic career, the shamed cyclist could be pulled into courtrooms around the globe for legal battles with people seeking millions of dollars.

That's one of the many downsides to the confession of a once-adored athlete who for more than a decade not only denied doping but aggressively counterattacked his accusers.

But a significant question remains about whether there is an upside to his coming clean in an interview with Oprah Winfrey scheduled to air later this week.

The confession potentially represents a first step in trying to rebuild his tarnished public image. It might also help in persuading sports officials to reduce his lifetime ban so that the 41-year-old might someday compete in sanctioned triathlons and marathons.

Armstrong faces an uphill climb.

"For him to chart a course to redemption is really complicated and would take a lot of time," said Adam Hanft, a branding and crisis communications strategist. "It's not going to be reversed with a TV appearance."

In his 21/2-hour interview at a downtown Austin, Texas, hotel, Armstrong was forthcoming about the doping allegations that dogged him during a career that included seven Tour de France victories, Winfrey told "CBS This Morning" on Tuesday.

"I don't think 'emotional' begins to describe the intensity or the difficulty he experienced in talking about some of these things," she said, declining to provide further details.

Armstrong has come under increasing pressure in the months since the U.S. Anti-Doping Agency enforced the ban and issued a 1,000-plus-page report that accused him of leading "the most sophisticated, professionalized and successful doping program that sport has ever seen."

With 11 former teammates providing depositions, he was stripped of his Tour championships and lost several big-money sponsors, including Nike, that had made him one of the sporting world's richest endorsers.

Now, Armstrong stands to lose a large chunk of his personal wealth, reported at about $100 million.

His most pressing concern appears to be a federal whistle-blower lawsuit filed by former teammate Floyd Landis, who was stripped of the 2006 Tour de France title for doping. The suit accuses Armstrong of defrauding the U.S. Postal Service, which sponsored his racing team for a number of years.

Armstrong's attorneys have met with government officials to discuss, among other things, how much the Postal Service was actually damaged by his misconduct, according to a person with knowledge of the situation who is not authorized to speak publicly.

During those talks, settlement figures were discussed, the person said.

A lengthy federal investigation into Armstrong and his team was dropped early last year without charges being brought. It remains to be seen whether the criminal statute of limitations has elapsed, but the Department of Justice could join in the civil suit.

The False Claims Act, the basis of whistle-blower suits, carries heavy penalties, including triple damages and fines, said Mike Morse, a Philadelphia-based lawyer who specializes in such cases.

"Violations of the federal False Claims Act can expose him to some really significant monetary damages," Morse said. "There could also be a whole host of private lawsuits."

Reacting to early allegations of Armstrong's doping, a Dallas-based promotional company declined to pay him a $5-million bonus for winning the 2004 Tour de France. He sued and received a $7.5-million settlement.

Now SCA Promotions plans to sue Armstrong to get its money back. "We do expect to file soon," said Jeffrey Dorough, the company's in-house counsel. "We don't know what impact the interview will have until we see it."

The government of South Australia state has said it will seek to recoup several million dollars in appearance fees paid to Armstrong for competing in the Tour Down Under from 2009 through 2011.

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Apple scoops PBS on “Downton Abbey” episodes, but PBS is cool with it

NEW YORK (TheWrap.com) – Apple is making the entire third season of “Downton Abbey” available on iTunes before every episode airs on PBS – and that’s just fine with PBS.

Fans who buy a season pass on iTunes beginning January 29 will get to see three episodes before they air on PBS. The Season 3 finale airs February 17.

But PBS CEO Paula Kerger isn’t worried that viewers will watch the show online, then tune out PBS. In fact, she says, Apple isn’t the only place Americans can see “Downton” before they can see it on her network.

“You can also buy the DVD sets. They’re being shipped at the end of January, and the DVD sets and Apple are going up at the same time,” Kerger told TheWrap. “I think that for people who are really passionate and want to have it, it’s a great thing.”

Kerger says she hopes more viewers will discover “Downton” on whatever format they like best – and then watch it on PBS next season.

“At the end of the day, my interest is just in seeing it get to the widest possible audience, and there are people that would pick it up on Apple that may not pick it up anywhere else,” she said.

The first episode of the third season premiered to a record 7.9 million viewers earlier this month. Many of those viewers, no doubt, caught up on the previous seasons online or through DVD viewing.

“Downton” airs in the U.K. in the fall but on PBS in January, which means PBS viewers must shield themselves from spoilers. That has led to some grumbling from American fans.

But Kerger said airing the show in January allows the show to get more attention domestically than it might otherwise receive in the crowded fall season.

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Chicago rapper facing jail for parole violation

CHICAGO (AP) — Chicago rapper Chief Keef has been taken into custody after a juvenile court judge decided a video of him firing a semiautomatic rifle at a New York gun range was a violation of probation.

The artist, real name Keith Cozart, was sentenced last year to 18 months' probation after his conviction on aggravated unlawful use of a weapon charges for pointing a gun at police officers.

The Chicago Sun-Times reports (http://bit.ly/VJ1YUt) Judge Carl Anthony Walker said the video showed a disregard for the court's authority. Walker scheduled a Thursday sentencing hearing for the 17-year-old Cozart.

Defense attorney Dennis Berkson told Walker his client never took the gun outside of the range and the target practice was supervised.

Chief Keef's first album, "Finally Rich," was released last year to mixed reviews.

___

Information from: Chicago Sun-Times, http://www.suntimes.com/index

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Well: Boosting Your Flu Shot Response

Phys Ed

Gretchen Reynolds on the science of fitness.

As this year’s influenza season continues to take its toll, those procrastinators now hurrying to get a flu shot might wish to know that exercise may amplify the flu vaccine’s effect. And for maximal potency, the exercise should be undertaken at the right time and involve the right dosage of sweat, according to several recent reports.

Flu shots are one of the best ways to lessen the risk of catching the disease. But they are not foolproof. By most estimates, the yearly flu vaccine blocks infection 50 to 70 percent of the time, meaning that some of those being inoculated gain little protection. The more antibodies someone develops, the better their protection against the flu, generally speaking. But for some reason, some people’s immune systems produce fewer antibodies to the influenza virus than others’ do.

Being physically fit has been found in many studies to improve immunity in general and vaccine response in particular. In one notable 2009 experiment, sedentary, elderly adults, a group whose immune systems typically respond weakly to the flu vaccine, began programs of either brisk walking or a balance and stretching routine. After 10 months, the walkers had significantly improved their aerobic fitness and, after receiving flu shots, displayed higher average influenza antibody counts 20 weeks after a flu vaccine than the group who had stretched.

But that experiment involved almost a year of dedicated exercise training, a prospect that is daunting to some people and, in practical terms, not helpful for those who have entered this flu season unfit.

So scientists have begun to wonder whether a single, well-calibrated bout of exercise might similarly strengthen the vaccine’s potency.

To find out, researchers at Iowa State University in Ames recently had young, healthy volunteers, most of them college students, head out for a moderately paced 90-minute jog or bike ride 15 minutes after receiving their flu shot. Other volunteers sat quietly for 90 minutes after their shot. Then the researchers checked for blood levels of influenza antibodies a month later.

Those volunteers who had exercised after being inoculated, it turned out, exhibited “nearly double the antibody response” of the sedentary group, said Marian Kohut, a professor of kinesiology at Iowa State who oversaw the study, which is being prepared for publication. They also had higher blood levels of certain immune system cells that help the body fight off infection.

To test how much exercise really is required, Dr. Kohut and Justus Hallam, a graduate student in her lab, subsequently repeated the study with lab mice. Some of the mice exercised for 90 minutes on a running wheel, while others ran for either half as much time (45 minutes) or twice as much (3 hours) after receiving a flu shot.

Four weeks later, those animals that, like the students, had exercised moderately for 90 minutes displayed the most robust antibody response. The animals that had run for three hours had fewer antibodies; presumably, exercising for too long can dampen the immune response. Interestingly, those that had run for 45 minutes also had a less robust response. “The 90-minute time point appears to be optimal,” Dr. Kohut says.

Unless, that is, you work out before you are inoculated, another set of studies intimates, and use a dumbbell. In those studies, undertaken at the University of Birmingham in England, healthy, adult volunteers lifted weights for 20 minutes several hours before they were scheduled to receive a flu shot, focusing on the arm that would be injected. Specifically, they completed multiple sets of biceps curls and side arm raises, employing a weight that was 85 percent of the maximum they could lift once. Another group did not exercise before their shot.

After four weeks, the researchers checked for influenza antibodies. They found that those who had exercised before the shot generally displayed higher antibody levels, although the effect was muted among the men, who, as a group, had responded to that year’s flu vaccine more robustly than the women had.

Over all, “we think that exercise can help vaccine response by activating parts of the immune system,” said Kate Edwards, now a lecturer at the University of Sydney, and co-author of the weight-training study.

With the biceps curls, she continued, the exercises probably induced inflammation in the arm muscles, which may have primed the immune response there.

As for 90 minutes of jogging or cycling after the shot, it probably sped blood circulation and pumped the vaccine away from the injection site and to other parts of the body, Dr. Kohut said. The exercise probably also goosed the body’s overall immune system, she said, which, in turn, helped exaggerate the vaccine’s effect.

But, she cautions, data about exercise and flu vaccines is incomplete. It is not clear, for instance, whether there is any advantage to exercising before the shot instead of afterward, or vice versa; or whether doing both might provoke the greatest response – or, alternatively, be too much and weaken response.

So for now, she says, the best course of action is to get a flu shot, since any degree of protection is better than none, and, if you can, also schedule a visit to the gym that same day. If nothing else, spending 90 minutes on a stationary bike will make any small twinges in your arm from the shot itself seem pretty insignificant.

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