Dirty Steel-Toe Boots, Episode 16: Investigations and the OSH Acts DOE Issues FOA for Carbon Capture Large-Scale Pilots and Carbon A Forward Look at IRAs Sweeping Impact on the EV Sector [PODCAST]. Out of these, the cookies that are categorized as necessary are stored on your browser as they are essential for the working of basic functionalities of the website. Blake Brittain reports on intellectual property law, including patents, trademarks, copyrights and trade secrets. The case. Vital Pharmaceuticals, which owns the brand, and its CEO Jack Owocsaid on Dec. 1 that PepsiCo has "resorted to intimidation tactics with independent distributors and major retailers like Walmart threatening lawsuits against anyone who fails to purchase Bang Energy exclusively from Pepsi." You may occasionally receive promotional content from the Los Angeles Times. 14-Oct-2022 Energy drink maker Monster Energy Co. was awarded $293 million in damages by a California federal jury in a false advertising and trade secrets case against the maker of Bang Energy and its CEO Jack Owoc over the drink's "super creatine" brandingwith the potential for more to come. Los Angeles, Work phones make a comeback as offices ban WhatsApp, TikTok, Stocks jump as Wall Street cruises to best day since January, Car debt piles up as more Americans owe thousands more than vehicles are worth, Chicken-flavored ice cream? The National Law Review - National Law Forum LLC 3 Grant Square #141 Hinsdale, IL 60521 Telephone (708) 357-3317 ortollfree(877)357-3317. : What Bangs Financial Woes Signify for Energy Drinks. The parent company of Bang Energy has filed for bankruptcy, shortly after being hit with a $293 million judgment in a lawsuit brought by a competitor. The most comprehensive solution to manage all your complex and ever-expanding tax and compliance needs. Build the strongest argument relying on authoritative content, attorney-editor expertise, and industry defining technology. This copy is for your personal, non-commercial use only. Caffeine also may harm children's still-developing cardiovascular and nervous systems. Browse an unrivalled portfolio of real-time and historical market data and insights from worldwide sources and experts. The National Law Review is a free to use, no-log in database of legal and business articles. There's also the matter of the brand's polarizing founder Jack Owac, who became more and more of a caricature and spectacle as Bang Energy gained market attention. Advertisement cookies are used to provide visitors with relevant ads and marketing campaigns. EPA Releases Proposed Approach for Considering Cumulative Risks under Revised Colorado Privacy Act Rules Adopted for Review by Colorado AG. WESTON, Fla., Nov. 17, 2020 (GLOBE NEWSWIRE) -- Bang Energy has terminated its exclusive distribution partnership with PepsiCo, which is no longer the exclusive distributor of BANG . "We greatly respect Prince and his estate and will. On Wednesday, a jury found. Caffeine use may also be associated with anxiety, sleep problems, digestive problems, and dehydration. Do Not Sell or Share My Personal Information. The maps below were illustrated on T-Mobiles website:BannedSeniors.com. Entrepreneurs to watch By Monica Watrous WESTON, FLA. The maker of Bang Energy beverages said it has filed a lawsuit against PepsiCo, Inc., alleging the Purchase, NY-based company engaged in "gross misconduct". Recent CFPB Actions Focus on Protecting Military Families, New and Updated Guidance on the Scope of the UK Plastic Packaging Tax. To counter, AT&T argued that T-Mobiles advertising was literally false because AT&T provides plans for seniors through a promotion with AARP. June 6, 2018, at 6:00 a.m. sued Monster, claiming trademark infringement. Scooter startup Lime sues Hertz for poaching engineers, NFL, Raiders sued by Las Vegas lawyer over Super Bowl ad. "Its hard to separate Bang Energy from its founder. These cookies ensure basic functionalities and security features of the website, anonymously. The cookie is set by GDPR cookie consent to record the user consent for the cookies in the category "Functional". Utilizing our new state-of-the-art decentralized direct store distribution (DSD) will allow Bang Energy to get back to our pre-Pepsi, meteoric annual success of several hundred percent year over year growth. Justice and Commerce Departments Announce Creation of Disruptive United States Department of Justice (DOJ), Biden Executive Order 14091 Strengthens Equity for Federal Agencies. Jolted by surging sales of the Bang energy drink, Monster Beverage Corp. is fighting back in court by alleging that Bangs producer engages in false advertising and other business malfeasance. The lawsuit pits bold, colorful BANG energy drinks against equally bold and colorful cans of Reign. Dive Insight: While the energy drink market has continued its strong pace of growth, Bang and its charismatic CEO Jack Owoc have found themselves deep in legal damages. Prinova offers custom flavors, flavor matching & modification. 1-4 These drinks are often used by students to provide an extra boost in energy. In fact, there are a number of reasons why I believe it to be far worse than many energy drinks, and if you dont believe me, read what I found out. The cookie is used to store the user consent for the cookies in the category "Performance". Todays consumer is more health conscious, so any beverage company that wants to remain successful will need to take note and adapt, perhaps pivoting more toward energy drinks with functional claims. Bang says it . Other uncategorized cookies are those that are being analyzed and have not been classified into a category as yet. Access unmatched financial data, news and content in a highly-customised workflow experience on desktop, web and mobile. White House Requires Removal of TikTok App from FDA Withdraws Proposed Rule on General Principles for Food Standards New FAQs Dramatically Expand Scope of California Labor Contractor Today is the Day Dont Miss the Employer Deadline to Report to OSHA, PTO Seeks Comments on Role of Artificial Intelligence in Inventorship. Vlogmail is a Motivational community for Peoples & Societies dedicated to help you accomplish & improve all aspects of your life. The cookies is used to store the user consent for the cookies in the category "Necessary". But in the wake of a lawsuit alleging that the . Vital Pharmaceuticals, doing business as VPX Sports, filed for Chapter 11 protection in bankruptcy court in the southern district of Florida. A nutritional comparison shows that a 12-ounce cola drink contains about 39 grams of sugar, 41 grams of sugar in an energy drink. According to court papers filed, Vital Pharmaceuticals owes over $500 million to Monster Beverage Co. and an additional $115 million to PepsiCo Inc, its previous distributor, according to a story published in the Regina Leader Post. Sweeteners (intense, bulk, polyols) The most comprehensive solution to manage all your complex and ever-expanding tax and compliance needs. After water, sugar is the main ingredient in energy drinks. And the road ahead is full of steep challenges including the general distraction bankruptcy proceedings create for the company's leadership team, added Schall. WMG requested either actual money damages or statutory damages of up to $150,000 per song, as well as a court order to permanently block Bang from using its music. | 13-Feb-2023 Bang Energy currently owes Monster Energy more than $500m from an earlier false-advertising lawsuit it lost against the brand on top of more than $340m owed to existing secured lenders and another . Any legal analysis, legislative updates or other content and links should not be construed as legal or professional advice or a substitute for such advice. Its not just you, Desperate mountain residents trapped by snow beg for help; We are coming, sheriff says, Look up: The 32 most spectacular ceilings in Los Angeles, Hidden illegal casinos are booming in L.A., with organized crime reaping big profits, 19 cafes that make L.A. a world-class coffee destination, David Lindley, guitarist best known for work with Jackson Browne, dies at 78, Best coffee city in the world? When Bang Energy made PepsiCo its exclusive distribution partner in Marchbefore Covid-19 began to crush convenience-store trafficPepsiCo's bubbling energy drink glass was already pretty full. And while that is bad enough, it has also been linked to various cancers, and worse. "Aspects of his personality have been sensationalized, arguably probably purposefully to cut through some of the noise. Monster attorney John Hueston of Hueston Hennigan said the decision "affirms one of the largest trademark infringement awards in U.S. It seeks damages and an injunction to stop Monster from using the Reign trademark, ordering it . The jury accepted Monster's claims that Bang had misled consumers about the benefits of its drinks. Monster and other energy drink makers also have faced lawsuits alleging that their drinks, often rich in caffeine, contributed to serious injuries and deaths. We also use third-party cookies that help us analyze and understand how you use this website. However, is it really? Quash said it will soon be launching its Mixx hard seltzer beverages and has been working since December to develop a distribution network for them efforts it said have been thwarted by PepsiCo. Bang's TikTok account has over 1.5 million followers, and TikTok videos with the #bangenergy hashtag have over 18 billion views. | Infographic. Bloomberg Wall Street Week. No, a portion of every Bang energy drink purchase does not directly fund Trump's re-election efforts, but the parent company of Bang Vital Pharmeceuticals did donate a large sum of money to. If you do decide to drink this dangerous drink, be careful not to mix it with other drinks or supplements. The product itself and the brand built around it is hardly enough to create such an emotional response," noted Schall. Our Standards: The Thomson Reuters Trust Principles. Similar to Zoa, Bang has appealed to consumers by saying that it only. Drinking 32 ounces in an hour increased the risk of electrical disturbances in the heart, an American Heart Association study found. Despite the risks, energy drinks continue to grow in popularity. The Bang Energy producer said . The cookie is set by the GDPR Cookie Consent plugin and is used to store whether or not user has consented to the use of cookies. The Big Take is the very best of Bloomberg's in-depth, original reporting from around the globe every day. Unrivalled apparel industry comment from Olly Wehring, Andy Morton and leading industry analysts. Despite Bang's current troubles, for the most part it doesn't seem like the U.S. is finished with energy drinks. The applause had died down by the time Jack Owoc mounted the stage in a Manhattan conference venue in June, a microphone in one hand, an energy shot in the other. Webinar These two brands have a combined market share of more than 75%, the data analytics company found. Health & Wellness And not only is it 300 mg of caffeine per can, but its also actually eerily close to being past the healthy limit on caffeine, which is 400 mg. One Vital product, for instance, is Bang Pre-Workout Master Blaster. This website uses cookies to improve your experience while you navigate through the website. "The Bang Defendants brag loudly about the billions of views that their videos have received on TikTok, but have been silent since Plaintiffs demanded an explanation for the unauthorized use of Plaintiffs' copyrighted musical works," the lawsuit said. The ruling on Thursday (13 October) in Florida comes despite objections from the energy drink maker . As hard seltzer has surged in popularity, dozens of companies have entered the space, including major beer makers AB InBev and Molson Coors as well as soda giant Coca-Cola. Statement in compliance with Texas Rules of Professional Conduct. We also invented the performance energy category with social media supporters who grew along with our brand. This copy is for your personal, non-commercial use only. Judge says UMG showed Bang's TikTok videos misused songs, Questions remain on damages, liability for alleged influencer infringement. "By choosing to vertically integrate themselves vs. an asset-light model, like say Monster, and deciding to add capacity fast and furious-style based on earlier aggressive growth models, you end up with this oil and water business problem. Monster is simply living up to its reputation of being an overly litigious bully and employing scorched-earth tactics to deal with perceived competitors, privately held Vital said, adding that it will address Monsters sham complaint in due course and was confident it would be dismissed. The choice of a lawyer or other professional is an important decision and should not be based solely upon advertisements. Bang Energy CEO Jack Owoc told Billboard on Wednesday (Aug. 31) that he was "a big fan" of Prince and opted not to proceed with the dispute. Air Canada pilots decry 'embarrassing' pay gap with U.S. after Delta deal, WHO still working to identify the origins of COVID-19, Norway's Equinor buys Suncor Energy UK in $850 million deal, Law firm leaders express the benefit of strategy, culture & adaptability to weather these uncertain times, 2023 State of the Courts Report: Moving toward modernization, US enforcement seeks fraud among emerging, unregulated finance spaces, Recommended change management practices to plan, build, then deploy successful legal tech, Exclusive news, data and analytics for financial market professionals. Yet another artificial sweetener that has been linked to various health conditions, and is known to cause sugar cravings is contained in this beverage. See here for a complete list of exchanges and delays. That sensationalism rubs a lot of people the wrong way especially when youre talking about competitors. Mix that with a level of new mainstream success that few ever will reach in their lives, and that puts a huge target on Bang Energys back.". Photo: from court . Bang, which filed for bankruptcy this week, will use the fresh cash to help pay its bills while searching for a more permanent solution to its legal and financial woes. Recommended Reports. Volunteers and employees of Bang Energy drinks with buckets in hand helped pick up trash and other debris at Hobie Beach Island Park along the Rickenbacker Causeway on Friday. June 26, 2013, 8:43 AM PDT. The National Law Review is not a law firm nor is www.NatLawReview.com intended to be a referral service for attorneys and/or other professionals. People The case is Vital Pharmaceuticals Inc v. Orange Bang Inc, U.S. District Court for the Central District of California, No. Vital Pharmaceuticals, which owns the brand, and its CEO Jack Owoc, PepsiCo has "resorted to intimidation tactics with independent distributors and major retailers like Walmart threatening lawsuits against anyone who fails to purchase Bang Energy exclusively from Pepsi." Complete Solutions. While that is impressive and puts them almost half of the way to Rockstar Energy's revenue, a. Unbeatable market coverage from wine and beer, to soft drinks. (Reuters) - A California federal court has upheld an arbitrator's $175 million award for Monster Energy Co and orange-drink maker Orange Bang Inc against Bang Energy maker Vital Pharmaceuticals Inc for trademark infringement. Under certain state laws the following statements may be required on this website and we have included them in order to be in full compliance with these rules. See here for a complete list of exchanges and delays. Copied. Bang did not immediately respond to a request for comment Friday. When it comes to the popularity of energy drinks, however, that seems solidified for the foreseeable future. Performance cookies are used to understand and analyze the key performance indexes of the website which helps in delivering a better user experience for the visitors. The maker of Bang energy drinks filed for bankruptcy protection after a federal jury ordered it last month to pay Monster Beverage Corp. nearly $293 million for interfering with its rivals dealings with retailers and falsely advertising the mental and physical benefits of Bang drinks. And then came the public breakup between Bang Energy and PepsiCo in June 2022, in which Bang announced it would be exiting the beverage giant's distribution model. The core focus of the dispute was on whether creatine (used in Monster Energy drinks) was the same as super creatine (used in Bang energy drinks)and whether the latter afforded the benefits touted in the advertising campaigns by Bang. White House Reviewing Proposed Regulations on Reinstated Superfund NIOSH Announces Publication of Article on the Results of 2019 Survey of Ogletree, Deakins, Nash, Smoak & Stewart, P.C. You have costs that outweigh current revenue levels and the only way to fix that is through cost-cutting measures which is a publicity nightmare.". Our information gathering method is not just a keyword search.. All quotes delayed a minimum of 15 minutes. As EPA continues to move toward identifying PFAS as Hazardous Is an OSHA Workplace Violence Standard for the Healthcare Industry on Yellen Calls on World Bank to Take Decisive Action on Climate Change, To Volunteer or Not: The Role of Community Association Board Members. Baskin-Robbins adds a hint of waffle, and voila, Newsom, IRS give Californians until October to file tax returns. Monster said in its lawsuit that the company has spent more than $5 billion in advertising and marketing its brand since the Monster line debuted in 2002. Parth Raval, the division's chief growth officer, said the CPG giant is exploring different ingredients, packaging formats and flavor offerings to strengthen its dominant presence in the category. "At least in the short term, Bang Energy will not be going out of business.It will also not be changing hands if Jack Owac is able to find a way to refinance its almost $1bn in debt. If you require legal or professional advice, kindly contact an attorney or other suitable professional advisor. Experts warn that these highly caffeinated, often sugary, drinks may be associated with increased blood pressure, weight gain, headaches, anxiety, dental problems, dehydration, and heart disease. www.vlogmail.com. 5:20-cv-01464. These legal stimulants can increase alertness, attention, energy, as well as increase blood pressure, heart rate, and breathing. The label accused Bang of violating its copyrights in 187 songs by popular musicians including The Weeknd, Justin Bieber and Dua Lipa. Oct. 9, 2014, 3:49 AM PDT. This cookie is set by GDPR Cookie Consent plugin. This further evinced Nateras intent to deceive and capture the market through misrepresentations. Share Your Design Ideas, New JerseysMurphy Defends $10 Billion Rainy Day Fund as States Economy Slows, This Week in Crypto: Ukraine War, Marathon Digital, FTX. Some states have laws and ethical rules regarding solicitation and advertisement practices by attorneys and/or other professionals. For non-personal use or to order multiple copies, please contact Dow Jones Reprints at 1-800-843-0008 or visit www.djreprints.com. The parent of Monster Energy drinks is suing the maker of rival Bang drinks for alleged false advertising and unfair competition. Bang's argument that it thought it had a license is relevant to how much it owes in damages, and not whether it infringed, Dimitrouleas said. According to court papers filed, Vital Pharmaceuticals owes over $500 million to Monster Beverage Co. and an additional $115 million to PepsiCo Inc, its previous distributor, according to a story published in the, Despite Bangs current troubles, for the most part it doesnt seem like the U.S. is finished with energy drinks. Screen for heightened risk individual and entities globally to help uncover hidden risks in business relationships and human networks. However, because the alleged misrepresentation did not rise to that of a literal falsity, AT&Ts application for extraordinary relief so early in the proceedings was denied. | Technical / White Paper. Bacillus coagulans SNZ 1969TM is an exceptional probiotic strain due to its stability, 50-year history of use and efficacy supported by twenty plus publications. NLRB Places New Limitations on Confidentiality and Non-Disparagement Settlement Will Benefit Many Aging-Out Children in the Green Card SEC Commissioner Discusses Reform to Regulation D, Massachusetts AG Settles Enforcement Action Against Auto Lender. See here for a complete list of exchanges and delays. Energy Crisis? 2. As VPX Pharmaceuticals seeks to end its distribution agreement with PepsiCo in court, the Florida-based maker of Bang energy drink has filed a response in . U.S. District Judge William Dimitrouleas also ruled for Universal Music Group on similar claims against the drink company in July. If the company's claims about Mixx are correct, any effort to curtail or prevent the new brand from having a meaningful distribution network in place when it's launched will only make its efforts to grow and compete with other more established players even more difficult. @MDCPSNorth. The . After the emergency arbitrator ruled in PepsiCo's favor,the company said it "upholds the importance and enforceability of distributor agreements and reaffirms the high standard of integrity to which we hold ourselves and expect of our partners.". This cookie is set by GDPR Cookie Consent plugin. Access unmatched financial data, news and content in a highly-customised workflow experience on desktop, web and mobile. The Food Institute (@FoodInstitute) October 18, 2022. Attorney Advertising Notice: Prior results do not guarantee a similar outcome. Alexis Crawford Douglas concentrates her practice in the area of intellectual property, including a range of transactional and litigation matters related to trademarks and copyrights, along with the strategic management of intellectual property portfolios. But opting out of some of these cookies may affect your browsing experience. Opinion: How has American healthcare gone so wrong? The claim that PepsiCo is pressuring potential distributors is similar to the tussle over Bang Energy. Browse an unrivalled portfolio of real-time and historical market data and insights from worldwide sources and experts. EXPOSED: Does a New NCLC Ex Parte Filing Expose Their True Agenda to Little Weight Given to Conclusory Expert Declaration That Repeats IPR Department of Homeland Security Provides Information Related to EB-5 PTAB: Vidal Refocuses Guidance On Fintiv Factors And Discretionary Aluminum Is Now A Hot Topic In Supply Chain And Trade. The cookie is used to store the user consent for the cookies in the category "Other. It doesnt necessarily say how much it contains, but if you take into account the level of other amino acids in the drink, its likely to be between 432.5 mg. But it appears the soaring brand may have flown too close to the sun with the news - announced Monday - that theVPX is seeking Chapter 11 bankruptcy protection. Rivals Monster Energy and Bang Energy are both among the best-selling energy drinks in the United States. Bloomberg Wall Street Week, hosted by David Westin, is a reinvention of the iconic Wall Street Week, which aired on PBS for over 30 years and was hosted by late . Tellingly, the court denied the preliminary injunction because AT&T failed to establish a literal falsity (i.e. After reading about it, as I am an avid energy drink fan, I was pretty disappointed. These advertisements were also made in comparative contexts with CareDx. We are excited about our future, and particularly the new distribution system that we have spent the better part of this year assembling, Owoc, CEO of VPX, said in a press release. We use cookies on our website to give you the most relevant experience by remembering your preferences and repeat visits. The suit found that 'Super Creatine' was not actually creatine, and did not raise the body's creatine levels. The Supreme Court Grants Petition to Decide Constitutionality of CFPB Understanding Your Law Firms Value Proposition, Spike in Migrants Crossing U.S.-Canada Border Raising Concerns, Bill to Amend the Gramm-Leach-Bliley Act Introduced to Congress, Energy & Sustainability Washington Update March 2023. Bang Energy's TikTok account has over 1.5 million followers, and TikTok videos with the #BangEnergy hashtag have garnered nearly 18 billion views. That award amountedUS$43 millionand involved claims about the effectiveness of Nateras test for assessing the risks associated with kidney donation. In its statement, VPX Sports said it intended to recapture the 3.4% market share it lost under PepsiCo's distribution network with more than 269 distributors. Individual Lawsuits Not Part of Class Action. This post is one in a series of posts seeking to provide a snapshot of the recentMonster Energy,CareDxandAT&Tcases, respectively. 4:2014cv00758, filed August 22, 2014 at Missouri Western District Court. The introduction of the "Bang Energy RTD" drink infringed on this settlement, as it contained 'Super Creatine'. All quotes delayed a minimum of 15 minutes. In fact, over 30% of teens aged 12-17 consume energy drinks on a regular basis. Will Bang be able to pull itself out of its hole? Our inspired and positive contributions have been met with numerous lawsuits from Monster Energy and also Pepsi, basically Big Beverage. If the company's claims about Mixx are correct, any effort to curtail or prevent the new brand from having a meaningful distribution network in place when it's launched will only make its efforts to grow and compete with other more established players even more difficult. In the end, Monster was able to nullify Bangs meteoritic rise in the market by placing a spotlight on Bangs purported health benefits with the jury finding them deceptive to consumers. On October 10th, Vital Pharmaceuticals Inc, the maker of Bang energy drinks, filed Chapter 11 bankruptcy, signaling trouble for the once extremely popular beverage maker and perhaps indicating a larger trend with consumers and energy drinks. The new energy drink fad popular these days is Bang energy, and most people believe it to be a healthy alternative to Red Bull or Monster. Expanding Regulatory Reach over Intermediaries That May Constitute How to Value Digital Assets for Donation to Charity. Many energy drinks are also marketed to young adults and teenagers. The lawsuit said that some of the infringing videos remained up over a year later, and that Bang posted new infringing videos after receiving the letter. For Monster: John Hueston, Moez Kaba and Allison Libeu of Hueston Hennigan, For Orange Bang: Steven Nataupsky, Lynda Zadra-Symes and Matthew Bellinger of Knobbe Martens, For Bang Energy: Daniel Janssen, Michael Carwin, Johanna Wilbert and Josh Fleming of Quarles & Brady; Louis Dorny of Gordon Rees Scully Mansukhani, (NOTE: The case caption in this story has been corrected to reflect that Vital Pharmaceuticals is the plaintiff. Screen for heightened risk individual and entities globally to help uncover hidden risks in business relationships and human networks. Topics covered: manufacturing, packaging, new products, R&D, and much more. 3 energy drink brand and landing a distribution contract with PepsiCo, Bang Energy was on an upward climb that coupled with founder Jack Owac's larger-than-life personality attracted both the attention and ire of its competitors, according to Schall. Bang Energy filed a lawsuit saying PepsiCo "has engaged and continues to engage in gross misconduct" under their energy drink deal, the company said in a Nov. 25 statement. Each) Brand: VPX Bang 838 ratings Currently unavailable. Teens and Energy Drinks Energy drinks are one of the fastest growing beverage products on the global market. Ms. Douglas regularly advises clients on global brand portfolios Ben Roxborough is a dual-qualified U.S. and Australian lawyer, focusing his practice on intellectual property litigation, namely, patent, trademark, and false advertising disputes. Subscribe to Food Dive for top news, trends & analysis, The free newsletter covering the top industry headlines, Pregis Performance Flexibles Facilities Are ISCC PLUS Certified, METER Group Food Scientists to Present New Research on Powdered Foods, The Bornk Tuna Sandwich is Back at Erbert & Gerbert's, SimplyV Launches Plant-Based Cream Cheese in the U.S. in Foodservice and Grocery Retail, By signing up to receive our newsletter, you agree to our. According to a 52-week sales data from IRI's March 2019 report, it showed Bang Energy at $440M. VPX intends to use the Chapter 11 process to recapitalize and emerge from bankruptcy well-positioned to continue its rapid growth in the beverage market.". ET, Webinar Energy drinks could cause electrical disturbances in the. Indeed, Bang is clearly taking [market] share from Monster, said Duane Stanford, executive editor of the trade journal Beverage Digest. 5 The Potential Dangers of Energy Drinks "My speculation is this financial trouble arose from the lack of growth that happened between 2020 and 2022 mixed with business model choices at Bang Energy," Schall noted in his recentYouTube videooutlining the rise and fall of Bang Energy. 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