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Amazon in court over whether it duped Prime users...
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Good morning, and shanah tovah. Wishing a sweet new year to our readers celebrating Rosh Hashanah today.

—Molly Liebergall, Sam Klebanov, Dave Lozo, Abby Rubenstein, Neal Freyman

MARKETS

Nasdaq

22,788.98

S&P

6,693.75

Dow

46,381.54

10-Year

4.143%

Bitcoin

$112,691.46

Apple

$256.08

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*Stock data as of market close, cryptocurrency data as of 7:00pm ET. Here's what these numbers mean.

  • Markets: The S&P 500 had another record-breaking day after chip heavyweight Nvidia announced a massive investment in fellow AI titan OpenAI (more on that later). It was also a sweet day for Apple, which turned positive for the year after getting a boost from strong sales of its new iPhone.
 

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HEALTH

Donald Trump speaks at White House briefing, RFK Jr. stands behind

Andrew Harnik/Getty Images

Yesterday, President Trump said the FDA will tell those who are pregnant to avoid taking acetaminophen, the active ingredient in Tylenol, except in cases of high fever, after reportedly reviewing some studies that suggest prenatal exposure could be associated with higher risks of autism in children. Most scientists agree that no causal link has been proven.

Tylenol-maker Kenvue's stock is down 17% since early September, when the Wall Street Journal first reported that the Trump administration would try to connect autism and acetaminophen, the go-to pain reliever during pregnancy (ibuprofen can cause congenital disabilities, according to health groups, including the FDA).

Kenvue's interim CEO met with Health Secretary Robert F. Kennedy Jr. earlier this month to try to prevent the announcement, according to the WSJ. "We believe independent, sound science clearly shows that taking acetaminophen does not cause autism…and are deeply concerned with the health risk this poses for expecting mothers," Kenvue said in a statement prior to yesterday's announcement.

What Trump is referencing: According to the Washington Post, US officials reviewed an August study led by Harvard and Mount Sinai scientists who said they found "evidence consistent with an association" between acetaminophen use during pregnancy and children with autism, but who also cautioned that "further research is needed to confirm these associations and determine causality."

Because pregnancy research is often limited to observational studies (making it hard to account for genetic and environmental factors), scientists consider the correlational findings murky (at best). The largest such study, of 2.5 million Swedish siblings, published in 2024, found no increased risk of autism from acetaminophen use during pregnancy.

Meanwhile…yesterday the FDA moved to greenlight a new medicine called leucovorin for autism treatment. The medicine has shown early success in smaller studies, but it has not yet been widely embraced, because as one pediatric neurologist told the Washington Post, for now, the research is "still on the 10-yard line."—ML

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WORLD

Jimmy Kimmel in a tuxedo

Myung J. Chun / Los Angeles Times via Getty Images

Jimmy Kimmel returns to the air tonight. Nearly a week after Disney yanked Jimmy Kimmel Live off the air indefinitely amid backlash over the host's comments about Charlie Kirk's accused murderer, the late-night show will return to ABC tonight. The company said yesterday it had made the decision to pull the show "because we felt some of the comments were ill-timed and thus insensitive," and that it had "spent the last days having thoughtful conversations with Jimmy" before deciding to bring the show back. While President Trump and some conservatives praised Disney's choice to remove the show after the head of the FCC and affiliate station owners took issue with Kimmel's remarks, many in the entertainment business, Democrats, and even some Republicans criticized it as censorship, especially given the pressure from the FCC. ABC affiliate-owner Sinclair said yesterday it would continue to preempt the program amid "ongoing" discussions with ABC about the show's return.

Nvidia to invest $100 billion in OpenAI for data centers. Talk about customer service: The chipmaker has agreed to sink up to $100 billion into the ChatGPT-maker to help it expand its AI infrastructure. But Nvidia is not just looking out for a fellow AI giant; the deal also ensures that Nvidia is a "preferred" supplier for OpenAI for chips and networking gear, the companies said. The investment will happen progressively as the infrastructure gets built, with the intention of OpenAI setting up data centers with a capacity of 10 gigawatts of power (which is more than it takes to power 8 million homes, per the Wall Street Journal) and using Nvidia's advanced chips for OpenAI's models. "This is a giant project," Nvidia CEO Jensen Huang told CNBC.

SCOTUS will mull the president's power to fire independent agency officials. For now, the Supreme Court ruled that President Trump can fire the Federal Trade Commission's sole remaining Democratic commissioner, Rebecca Kelly Slaughter, while it considers her legal challenge to her ouster (the liberal justices dissented). In weighing the case, the high court will hear arguments in December over whether a 90-year-old precedent barring the president from axing agency officials without cause should be overturned for infringing on the executive branch's power.—AR

LEGAL

Amazon Prime boxes on conveyor belt.

Emanuele Cremaschi/Getty Images

Uncle Sam is fighting Amazon in court for allegedly tricking customers into signing up for Prime and making the process of canceling the subscription into a digital escape room.

Arguments begin today as a case that the Federal Trade Commission filed in 2023 goes to trial.

Prime chicanery accusation

The FTC will argue that Amazon illegally used so-called "dark patterns" to ensnare Prime subscribers:

  • The regulator claims Amazon nudged customers to sign up for Prime membership, while hiding its $139 annual price tag and disclosures of its autorenewal in fine print.
  • The suit claims that canceling Prime involved clicking through a deluge of prompts. Amazon allegedly internally referred to the obfuscation effort as The Iliad in reference to the Trojan War epic.

The e-commerce giant denies deceiving customers. Amazon will maintain that the FTC misconstrued its internal communications. It also claims that the multiple-step cancellation process is standard industry practice and has already been simplified.

The stakes are high: Amazon made $44 billion off Prime subscriptions last year, and third-party estimates suggest that Prime members spend twice as much as non-Prime shoppers. If it loses the case, Amazon could face financial penalties and might be required to change its subscription practices, while two of its executives could be personally liable, per a recent court ruling.—SK

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TECH

Six Oura rings

Oura

Oura Health Oy, the Finnish maker of the Oura ring that tracks sleep quality, heart rate, and menstrual cycles (which it says are not being shared with the government), is poised to become an $11 billion company after its latest round of funding, Bloomberg reported.

Oura is reportedly farming $875 million in Series E funding, which would more than double its $5 billion valuation as of last November. CEO Tom Hale said the company has sold a total of 5.5 million rings and is on track to reach $1 billion in revenue this year, up from $500 million in 2024.

But the success has come with questions about its data handling:

  • Oura's biggest client is the Department of Defense War, with the rings being used to track the vitals of military personnel. The company also partners with Palantir, a data analytics firm that works with ICE and other law enforcement agencies. Palantir received a $30 million government contract in April to help ICE identify, track, and deport suspected non-citizens.
  • Hale said Oura has not made customer data available to any government agency or Palantir and played down the company's relationship with Palantir.

Put a ring on it: Smart rings account for 75% of US fitness tracker revenue in 2025, up from 46% last year, with Gen Z and millennials driving the surge, according to Circana. But data privacy laws for wearables in the US continue to lag behind those in Europe.—DL

STAT

The outline of a worker at an empty office desk

Anna Kim

It's no secret that CEOs have been calling workers back to the office, but it's also about as hush-hush as an "accidentally leaked" pop album that plenty of workers aren't heeding that call. And there's data to back up what you already know from the fact that every time you have a meeting with someone from another department, they happen to be WFH "that day." The WSJ reports:

  • Companies now require 12% more time in the office than at the beginning of last year, think tank Work Forward found by parsing data on 9,000 companies.
  • But Americans continue to work from home ~25% of the time, which is about where things stood as of 2023, according to a Stanford economist who has been polling 10,000 people a month on the issue since 2020.

And the more employers demand, the less employees choose to follow the rules: Companies that want staff to come in one day per week mostly get what they ask for, while those that expect three or more days in office get less than 75% compliance—though in good news for office-loving bosses, that's up from less than 66% last year, according to a survey from CBRE.—AR

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NEWS

  • Google is back in court this week, once again trying to convince a federal judge not to break up the company after a ruling that it behaved anti-competitively, this time in the realm of digital advertising.
  • France and several other nations formally recognized a Palestinian state at the United Nations yesterday, despite pressure from the US and Israel not to do so.
  • Oracle is promoting the heads of its cloud infrastructure and industries divisions to be co-CEOs as the company's stock soars from AI revenue possibilities.
  • US Treasury Secretary Scott Bessent said the US would provide "all options for stabilization" to Argentina's President Javier Milei, as the chainsaw-wielding politician tries to stave off an economic crisis.
  • Pfizer agreed to buy weight loss biotech company Metsera in a deal valued at up to $7.3 billion as it tries to catch up to competitors in the obesity treatment space.
  • Arc'teryx apologized after the outerwear company's promotional fireworks display in the Himalayas prompted environmental concerns. Chinese officials are now investigating the impact.

RECS

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Geography questions

With the high-level part of the UN General Assembly kicking off today, here are five geography questions.

  1. Which continent has the most countries?
  2. What are the only two countries in South America that do not border Brazil?
  3. What is the largest country by area that does not have a river?
  4. Which US state is closest to Africa?
  5. What is the world's northernmost city with a population of at least 1 million people?

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ANSWER

  1. Africa
  2. Chile and Ecuador
  3. Saudi Arabia
  4. Maine
  5. St. Petersburg, Russia

Word of the Day

Today's Word of the Day is: obfuscation, meaning "the act of making something obscure or unclear." Thanks to Susan from Wenatchee, WA, and several other readers for not hiding their suggestion. Submit another Word of the Day here.

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