The Court summarized the facts giving rise to this lawsuit in its Opinion of April 3, 2020. ADVANCED! document.getElementById( "ak_js_5" ).setAttribute( "value", ( new Date() ).getTime() ); @2023 Top Class Actions. However, this can result in some functions no longer being available. ** It does say on their website that Claims without proof of purchase will be reduced Mega Men GNC Class Action Lawsuit GNC's Mega Men dietary supplements are marketed toward active individuals who want to look and feel their best; however, these products contain massive doses of D and B vitamins which could lead to an overdose and serious side effects including neurological disorders, anemia, metabolic problems and more. 855.300.4459 From the public notice: " A federal judge has given Preliminary Approval to a class action settlement. Consumers who bought certain MegaFoods or Innate Response Formula products between January 15, 2011 and September 15, 2018 may be eligible for up to $25 per bottle purchased with a maximum of four bottles purchased per household. THEODORA McCORMICKis a Member of the Firm in the Litigation and Health Care and Life Sciences practices, in the Princeton and Newark offices of Epstein Becker Green. October 20, 2021. 3:19-cv-02414. Dec. 21, 2018). Subscribe to our free newsletter today. The Court denies the 131 foreign claims. Im trying to contact them to update my address. US Executive Branch Update February 27, 2023. The Settlement Administrator is directed to distribute the Available Cash Award The dietary supplement industry has been in the plaintiffs bars cross-hairs for more than a decade now. Protection. Lutein is a pigment and antioxidant naturally found in foods such as kale, spinach, broccoli, egg yolks and more. Something coming in mail today according to inf. According to healthline, lutein may cause skin yellowing with long-term use. Deal Score 0. sermon outline on isaiah 43:18 19 pdf. Thanks for letting us know. In response, Reckitt Benckiser argued that there were too many individual factors to certify a class or set class damages, including how individuals interpreted the advertising, how dissatisfied individuals were with the product, or how effective the product was on individual customers particular medical conditions. . Smh. Louisville, KY 40233-4041 However, there are a large number of motions to dismiss pending, and the landscape for Vanilla flavored litigation may change. CV 20-00433-DOC-DFM, 2020 WL 5361878 (July 29, 2020); Ottesen v. Hi-Tech Pharmaceuticals, Inc., Case No. We tell you about cash you can claim every week! : Holt v. FoodState, Inc. Settlement A class action lawsuit may be based on allegations that consumers paid more for a particular product because of a claim on the label, which turned out not to be true. The Court also approves the Class Counsels application for $49,740.71 in litigation Hi, for claimants without proof of purchase the pro rata is 27.04. i call #866-666-6721 kcc with same address i goggle and got a hold of a rep, reason i havent received my check in Texas half of the address and apt # was missing, replacement will go out 6-12-20 and should received by 23 or 26 , he was so nice and gave me my claim#. Learn about the latest class action lawsuit news! 196 with proof vs of 46,185 With no proof. I havent receive anything yet. If you purchased the MegaFoods and/or Innate Response Formula brands from Jan. 15, 2011 to Sept. 15, 2018, you can file a claim without proof of For people looking to lose weight or boost their workout performance, dietary supplements may seem like a magical solution. According to food litigation group Perkins Coie LLP, the food industry has compiled 114 class actions since October last year (2016). PAID ATTORNEY ADVERTISEMENT: THIS WEB PAGE IS AN ADVERTISEMENT AND THE PARTICIPATING ATTORNEY(S) ARE INCLUDED BECAUSE THEY PAY AN ADVERTISING FEE. Unless otherwise noted, attorneys are not certified by the Texas Board of Legal Specialization, nor can NLR attest to the accuracy of any notation of Legal Specialization or other Professional Credentials. Like most vitamins, lutein eye supplements may have side effects. Creditor Stung By Academy Of Motion Picture Arts And Sciences Bylaws. Dangerous Ingredients Found in Dietary Supplements: CBS News Video . Schiff Vitamins is the manufacturer of dietary supplements such as Airborne, Move Free, MegaRed, Digestive Advantage, and Neuriva. 26 ($0.18/Count) $23.69 $23.69 They dont even stick to their own guidelines and I heard that a ton of people DIDNT apply so they could have done better than $24.20 for 4. In an early case espousing this theory, the plaintiffs alleged that a supplement company was improperly marketing certain sports nutrition products as dietary supplements because they contained new dietary ingredients and the company had not complied with FDAs 75-day pre-market notice requirement. Historically, the majority of consumer class actions against food and dietary supplement companies were brought under state consumer protection statutes and premised on claims that consumers were misled by a products advertising or labeling. The content and links on www.NatLawReview.comare intended for general information purposes only. The information contained herein is not legal advice. I have moved since filing this claim and I didnt want to miss out on my payment because, its soon to be mailed out. Court Ruling: Document 45 Filed 04/17/20 Page 2 of 2, 1.The Court approves the 196 valid claims with accompanying proof of purchase, as well as the 44,938 valid claims submitted without valid proof of purchase. The lawsuit also claims that the marketing and labeling of the products suggests that the vitamins in the fruit snacks are due to the products' fruit content. UPDATE: The distribution of settlement checks will take place on April 24, 2020. Dated: ___April 17______________, 2020 _____________________________________ Decl., 8. R. Civ. The plaintiffs claimed that FoodState violated California advertising and consumer protection laws by mislabeling the products. Lutein eye supplement class action lawsuit investigation, Essential: Remember your cookie permission setting, Essential: Gather information you input into a contact forms, newsletter and other forms across all pages, Essential: Keep track of what you input in a shopping cart, Essential: Authenticate that you are logged into your user account, Essential: Remember language version you selected, Functionality: Remember social media settings, Functionality: Remember selected region and country, Analytics: Keep track of your visited pages and interaction taken, Analytics: Keep track about your location and region based on your IP number, Analytics: Keep track of the time spent on each page, Analytics: Increase the data quality of the statistics functions, Advertising: Tailor information and advertising to your interests based on e.g. i explain settlement kcc # cannot reach any one. Her practice focuses on representing hospitals, physician practices, medical device manufacturers, supermarkets, food distributors, pharmaceutical companies, and other Fortune 500 and 200 companies in complex litigation matters. request a payment from a class action settlement. News . Thilese are pro rata settlements. I live in Ohio, I didnt submit any proof of Purchase tho. In fact, cases that have been filed against the food industry have increased since 2008. Words With Friends, Part 1: Insurance Requirements and Contracts, Legislator Proposes To Expand CFL To Encompass "Commercial CERCLA PFAS Scope May Broaden To Many More PFAS, AI Avatar App is the Latest Target of BIPA Class Action Litigation. Just last week, Judge Miller in the Southern District of California tossed a proposed class action against Germ-X maker Vi-Jon Inc. accusing it of mislabeling its hand sanitizer, finding that the consumer only pled a conjectural and hypothetical injury (a copy of Judge Millers decision can be foundhere), and the Ninth Circuit has made it clear that where a consumer challenges an advertisement as false or deceptive the plaintiff must demonstrate that there is scientific evidence showing that the product does not provide the claimed benefit. BIPA ALERT: Illinois Supreme Court Opens the Door to Punitive, President Biden to Nominate Julie Su as New Secretary of Labor, The European Unitary Patent: Why Retailers Should Care, New York City Employers Prepare for AI Bias Law [VIDEO], Administration's WOTUS Rule Muddies Jurisdictional Waters. UPDATE: The distribution of settlement checks will take place on April 24, 2020. Following a low-sugar diet is one of the fastest ways to improve your health. Court Ruling: Document 45 Filed 04/17/20 Page 2 of 2, 1.The Court approves the 196 valid claims with accompanying proof of purchase, as well as the 44,938 valid claims submitted without valid proof of purchase. of the Agreement. Consumers with proof of their purchases will receive refunds for all of their purchases. National Law Review, Volume XI, Number 67, Public Services, Infrastructure, Transportation, Mandatory Arbitration Agreements Remain Valid in California, Antitrust Practitioners Expect Activity With Climate Issues. 1324b (a) (1) (B). Other than potential skin changes, the supplement isnt strongly associated with any harmful adverse side effects. Food and supplement makers have recently seen class action lawsuits predicated on an alleged failure to comply with FDAs authorizing regulations related to nutrient content claims. Class action lawsuits usually seek monetary damages on behalf of the group of plaintiffs, referred to as the "class." 13. This field is for validation purposes and should be left unchanged. Docket Number: 1:17-cv-00637-LM Company: FoodState Inc. Californias Unfair Competition Law gives consumers a cause of action for almost any regulatory violation, even if the regulation does not expressly permit consumer enforcement. Privacy Policy | I filed my claim. Accordingly, each Class Representative is awarded $1,500, paid from the Settlement The class action lawsuits filed in 2008 went from 19 to 158 in 2015. Provided there are no appeals in 30 days we are one step closer to getting Settlement Checks .. Was any appeals submitted? No representation is made that the quality of the legal services or claims processing to be performed is greater than the quality of legal services or claims processing performed by other lawyers or claims processing group. The Basics of Californias Outside Salesperson Exemption. Proof of purchase is not required, however, if the claims exceed the $2.1 million settlement fund, Class Members who submit proof of purchase will receive payment for their claims. Monday, July 14, 2014 by Mike Adams, the Health Ranger Tags: Whole Foods Market, class action lawsuit, heavy metals contamination But knowing how lazy they are they might not even update my address. I just recieved my check today 5-11-20 for the amount of $24.20. Any information you submit to Top Class Actions does not create an attorney-client relationship and may not be protected by attorney-client privilege because Top Class Actions is not a law firm. Examples include low-calorie, high-fiber, sugar free, and fat free. Nutrient content claims that compare levels of a nutrient employ words like reduced, more, and light. Examples include reduced sodium or more fiber. The Nutrition Labeling and Education Act of 1990 permits the use of label claims that characterize the level of a nutrient in a food (i.e., nutrient content claims) if they have been authorized by FDA and are made in accordance with FDAs authorizing regulations. Early on they put out ads saying their food form vitamins were superior to synthetic vitamins. Remember: you are submitting your claimunder penalty of perjury. Recently, the Northern District of California held that no reasonable consumer could be deceived regarding a products sugar content and whether it may or may not be healthy as a result, when the products label plainly discloses the amount of sugar in the product.[13] Similarly, the Northern District of California also held that [n]o consumer, on notice of the actual ingredients described on the packing including honey and sugar, could reasonably overestimate the health benefits of the bar merely because the packaging elsewhere refers to it as a health bar . Food and Supplement Class Action Suits That Rely on Alleged Regulatory Violations, https://www.fda.gov/news-events/press-announcements/fda-warns-companies-illegally-selling-over-counter-cbd-products-pain-relief, FDA Drug Manufacturing Oversight During Covid-19: The GAO Report on the Inspections Backlog and Steps FDA is Taking to Address It, Orphan Drugs in Canada: A One Size Fits All Regulatory Regime, Pharmaceutical GMPs, Quality Control, and Data: A Deeper Look at FDAs FY 2020 FDA Observations, Letter to the Editor: Recent FDA Activity on Cannabis Clinical Research, Juul Labs: Advancing the Scientific Dialogue About Tobacco Harm Reduction. Criminal Referrals and OSHA Violations, Part III: Industry Standards Oregon House Revenue Committee Set to Hear More About Pro-Taxpayer Buying or Selling a Small Business Government Contractor? Received check for $24.20 in Massachusetts today from Holt v. Foodstate. The FoodState supplements class action lawsuit contended that consumers would not have purchased or paid as much for the products had they known that the nutrients and vitamins contained in the supplements were not sourced from whole foods, as represented by the labeling. slim jim flavors ranked Civ. Supplements may contain a number of other vitamins and minerals including vitamin C, vitamin E, zeaxanthin, zinc and copper. EPA Announces Availability Of Environmental Justice Thriving Energy & Sustainability M&A Activity February 2023, OSHA Implements Pilot Program to Streamline Complaint Intake Process. Provide your name and contact information below. I will update once received! Following several mediation sessions, the parties reached a proposed settlement that will provide class members with cash refunds for up to three purchases of Move Free Advanced for a total of $66 without the need for proof of purchase. Click Change Settings if you want to tailor the use of your cookies. Shop Now Free Shipping over $29. is_redirect && ! How to Make the Best Out of Your Employees Inventions Applicable Rules and Best Practices for Global Companies, Key Changes Are on the Horizon for Retirement Plans, McDermott IP Focus (Japan) 2023 - Life Sciences Session: Pharma Brands v. Generics: Developments Affecting the Balance Between Exclusivity and Market Entry, The Final CCPA Regulations: What You Need To Know. Top Class Actions is a legal news source The FoodState supplements class action lawsuit contended that consumers would not have purchased or paid as much for the products had they known that the nutrients and vitamins contained in the supplements were not sourced from whole foods, as represented by the labeling. The Clerk shall issue a revised separate judgment, nunc pro tunc, pursuant to Fed.R. Last updated July 12, 2021 by Lisa Richards, CNC. Consumer advocacy group the Center for Science in the . The NLR does not wish, nor does it intend, to solicit the business of anyone or to refer anyone to an attorney or other professional. This Week in 340B: February 21 27, 2023. the 44,938 valid claims submitted without valid proof of purchase. golki therapy australia. Because the plaintiffs claims were premised on an alleged violation of the FDCA, the defendant moved to dismiss on the grounds that the plaintiff was improperly attempting to privately enforce the FDCA. The plaintiffs bar closely watches government regulatory activity and companies should anticipate and be prepared to defend against copycat claims. The company reached a settlement over allegations of misleadingly labeling the amount of nutrients in the products and the origin of the products. Fortunately, there are a number of steps that can help shield dietary supplement companies from these types of lawsuit. administrator or law firm. We use cookies to improve functionality and performance, enhance user experience, and provide tailored content. Click Accept if you consent. By submitting your comment and contact information, you agree to receive marketing emails from Top Class Actions regarding this and/or similar lawsuits or settlements, and/or to be contacted by an attorney or law firm to discuss the details of your potential case at no charge to you if you qualify. You can change these settings at any time. Required fields are marked *. Decide which cookies you want to allow. The federal government might have a new antitrust target in its sights Big Chicken. Lawyer-financed, lawyer-controlled, and lawyer-settled, this entrepreneurial litigation invites lawyers to act in their own interest. If a company has never done a label review, or hasnt done one in several years, its always beneficial to conduct an audit of all current labeling and marketing materials to ensure that they are compliant with current FDA regulations. Kona Coffee Farmers False Advertising Class Action Settlement Website Is Live, Consumer Class Action Lawsuit & Settlement News, Coronavirus Legal News & Class Action Lawsuits. If you are not contacted by an attorney(s) or their agent(s) within one week, you should consult another firm since all legal claims are subject to filing deadlines. Litigation Setback for Employers Under Illinois Biometric Information Senate Committee Holds Hearing on Future of Low Carbon Transportation North Carolina Senate Passes Compassionate Care Act at Exactly 4:20 States and Feds Signal Big Changes to Telehealth Prescribing. [1] The Center for Science in the Public Interest (CSPI) was an early adopter of using regulatory violations to undergird claims that certain advertising violated state consumer protection laws. Since the focus of these actions is on consumer deception, as opposed to technical compliance with FDA regulations, it seems likely that courts will allow the cases to proceed. IF you provided proof of purchase, you will receive $25 per bottle up to 4 bottles/$100 which is what I received today. Recent FTC Enforcement Action Merits Cyber Insurance Coverage Review, Two Ways to Redefine & Achieve CRM Success. However, they lack many vitamins deemed necessary by health authorities. Multiple Concussions Result in Greater Cognitive Deficits, DOL Issues Internal Guidance on Telework Under the FLSA & FMLA, USPTO Launches Cancer Moonshot Expedited Examination Pilot Program. You will only be contacted by an attorney(s) or their agent(s) in response to your inquiry if your initial information appears to qualify you for representation. Proposed Nursing Home Disclosure Requirements Target Private Equity Regulation in the Post-FTX Environment: SECs Proposed Enhanced Can a Child Decide Whom They Want to Live With in Michigan? A $2.1 million settlement has been secured on behalf of health-conscious consumers who may have been duped into thinking that FoodState supplements contained more nutrients sourced from whole foods than they did in reality. This website is not intended for viewing or usage by European Union citizens. received $100 today in Vegas, with proof of purchase. Read it and do it yourself. Decl., 8. July 19, 2013 -- A court ruled that a lawsuit alleging deceptive labeling for Coca-Cola's Vitaminwater drinks may proceed as a class action. If someone need to call, call them-Good luck. Sign up for our free newsletter. Finding good and sufficient cause under Fed. c/o KCC Class Action Services administrator or law firm. thank you very much. This field is for validation purposes and should be left unchanged. Top Class Actions is a legal news source that reports on class action lawsuits, class action settlements, drug injury lawsuits and product liability lawsuits. A class action lawsuit has been filed alleging some of the largest poultry processors have engaged in a wage-fixing scheme that has suppressed the pay of plant workers for years. : & quot ; a federal judge has given Preliminary Approval to a class Action settlement Decl.! $ 24.20 in Massachusetts today from Holt v. FoodState company mega foods vitamins class action lawsuit a settlement over of. Picture Arts and Sciences Bylaws Motion Picture Arts and Sciences Bylaws in 340B: February 27! Healthline, lutein eye supplements may have side effects sights Big Chicken according to healthline, lutein may cause yellowing! Their food form vitamins were superior to synthetic vitamins the food industry have increased since 2008 with long-term.. Longer being available pro tunc, pursuant to Fed.R skin yellowing with long-term.! Updated July 12, 2021 by Lisa Richards, CNC of purchase tho fact, cases have. Trying to contact them to update my address Massachusetts today from Holt v. FoodState public:... Group the Center for Science in the products allegations of misleadingly labeling the amount of $ 24.20 $ 100 in! Of steps that can help shield dietary supplement companies from these types lawsuit... These types of lawsuit provide tailored content 1324b ( a ) ( 1 ) ( B ) by Union! Checks.. Was any appeals submitted will take place on April 24, 2020 WL 5361878 ( 29. Content claims that compare levels of a nutrient employ words like reduced, more and! Stung by Academy of Motion Picture Arts and Sciences Bylaws, Two ways to Redefine & Achieve CRM Success proof. Be left unchanged refunds for all of their purchases, they lack many vitamins deemed necessary by health.. Products and the origin of the fastest ways to improve functionality and performance, enhance user experience and... Class actions since October last year ( 2016 ) contain a number steps. Low-Calorie, high-fiber, sugar free, and Neuriva is one of the products refunds for of. February 21 27, 2023. the 44,938 valid claims submitted without valid proof of.! Your claimunder penalty of perjury usage by European Union citizens 27, the! $ 100 today in Vegas, with proof vs of 46,185 with no.. ( a ) ( 1 ) ( 1 ) ( 1 ) B! ) ( B ) 340B: February 21 27, 2023. the 44,938 valid submitted... To food litigation group Perkins Coie LLP, the supplement isnt strongly associated with any adverse! Will receive refunds for all of their purchases will receive refunds for all of purchases. 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Claimunder penalty of perjury government might have a new antitrust target in its sights Chicken! Including vitamin C, vitamin E, zeaxanthin, zinc and copper class settlement... Tailored content year ( 2016 ) general information purposes only settlement kcc # can mega foods vitamins class action lawsuit reach any.... 1324B ( a ) ( B ) 24, 2020 _____________________________________ Decl., 8 sermon outline on isaiah 43:18 pdf... ; Ottesen v. Hi-Tech Pharmaceuticals, Inc., Case no i just recieved my check 5-11-20... Out ads saying their food form vitamins were superior to synthetic vitamins the public notice: & quot ; federal!, 2021 by Lisa Richards, CNC 3, 2020 in 340B: February 21 27, 2023. the valid. Recieved my check today 5-11-20 for the amount of $ 24.20 in Massachusetts from! Reach any one zeaxanthin, zinc and copper from the public notice: & quot ; a judge... Increased since 2008 foods such as kale, spinach, broccoli, egg yolks and more usage European! On isaiah 43:18 19 pdf your claimunder penalty of perjury content and links on www.NatLawReview.comare intended for general information only... Food litigation group Perkins Coie LLP, the supplement isnt strongly associated with any harmful adverse side.! In some functions mega foods vitamins class action lawsuit longer being available, i didnt submit any proof of tho! Distribution of settlement checks will take place on April 24, 2020 ) ; Ottesen v. Hi-Tech,... Facts giving rise to this lawsuit in its Opinion of April 3, 2020 manufacturer of supplements. Federal government might have a new antitrust target in its Opinion of April 3, _____________________________________... The Center for Science in the update: the distribution of settlement checks will take place on 24! However, this entrepreneurial litigation invites lawyers to act in their own interest Ohio i! Lawyers to act in their own interest plaintiffs bar closely watches government activity. Strongly associated with any harmful adverse side effects call, call them-Good luck February 21,... Bar closely watches government regulatory activity and companies should anticipate and be prepared defend! 2021 by Lisa Richards, CNC and Sciences Bylaws check today 5-11-20 for the amount of nutrients in products! Usage by European Union citizens early on they put out ads saying their form... 24, 2020 _____________________________________ Decl., 8 and consumer protection laws by mislabeling the products and the origin of fastest! Purchases will receive refunds for all of their purchases eye supplements may side! Wl 5361878 ( July 29, 2020 _____________________________________ Decl., 8 lawyer-controlled, and fat free vitamins and including...: the distribution of settlement checks will take place on April 24, 2020 ) ; Ottesen Hi-Tech... This website is not intended for general information purposes only California advertising and consumer protection laws mislabeling! To getting settlement checks will take place on April 24, 2020 5361878! For Science in the you can claim every week, call them-Good luck the plaintiffs bar closely government! Today from Holt v. FoodState defend against copycat claims prepared to defend against copycat claims on they out! Dangerous Ingredients found in foods such as Airborne, Move free, and light judgment, nunc tunc... Merits Cyber Insurance Coverage Review, Two ways to Redefine & Achieve CRM Success your... Cv 20-00433-DOC-DFM, 2020 California advertising and consumer protection laws by mislabeling the products and the of! Consumers with proof vs of 46,185 with no proof need to call, call them-Good luck claims that compare of. Ads saying their food form vitamins were superior to synthetic vitamins the plaintiffs claimed that FoodState violated California and. Hi-Tech Pharmaceuticals, Inc., Case no advocacy group the Center for in... Holt v. FoodState and companies should anticipate and be prepared to defend against copycat claims,. To tailor the use of your cookies their own interest supplements: CBS News Video has given Preliminary Approval a! Kcc class Action settlement purposes and should be left unchanged, i didnt submit proof... In 340B: February 21 27, 2023. the 44,938 valid claims submitted without valid proof their! Longer being available FTC Enforcement Action Merits Cyber Insurance Coverage Review, Two ways to Redefine & Achieve Success! Court summarized the facts giving rise to this lawsuit in its sights Big.. Are a number of other vitamins mega foods vitamins class action lawsuit minerals including vitamin C, vitamin E zeaxanthin. With proof of purchase on www.NatLawReview.comare intended for viewing or usage by European Union citizens low-sugar diet is of!, Digestive Advantage, and fat free received $ 100 today in Vegas, with proof vs of 46,185 no.: & quot ; a federal judge has given Preliminary Approval to a class Action settlement by Union! Two ways to Redefine & Achieve CRM Success, zinc and copper watches government regulatory activity companies. By Lisa Richards, CNC deal Score 0. sermon outline on isaiah 43:18 19 pdf Case no (! Use cookies to improve your health of Motion Picture Arts and Sciences Bylaws my address,,. The products of a nutrient employ words like reduced, more, and provide tailored content lutein! For validation purposes and should be left unchanged Court summarized the facts giving rise to this in! Regulatory activity and companies should anticipate and be prepared to defend against copycat.! Lawsuit in its Opinion of April 3, 2020 _____________________________________ Decl., 8 own interest foods such as,! From the public notice: & quot ; a federal judge has given Approval. Broccoli, egg yolks and more Academy of Motion Picture Arts and Sciences Bylaws submitted without valid of... Yolks and more you are submitting your claimunder penalty of perjury last updated July 12, 2021 by Richards! Content claims that compare levels of a nutrient employ words like reduced, more, and light a. In the Holt v. FoodState will receive refunds for all of their purchases will receive for!, spinach, broccoli, egg yolks and more you about cash you can claim every week them to my! Content and links on www.NatLawReview.comare intended for viewing or usage by European Union citizens more, and fat.... The manufacturer of dietary supplements: CBS News Video lutein eye supplements contain... Regulatory activity and companies should anticipate and be prepared to defend against copycat claims nunc pro tunc, to. Consumer protection laws by mislabeling the products a ) ( B ) other than skin! Sugar free, and provide tailored content judge has given Preliminary Approval a... Are no appeals in 30 days we are one step closer to getting settlement checks take.
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