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 Maxfield and Oberton, the maker of Buckyballs, has defended its efforts to keep the magnetic desk toys away from children.
November 2nd, 2012
11:16 AM ET
Magnetic Buckyballs toys discontinuedThe popular Buckyballs and Buckycubes magnetic desk toys will be discontinued, its manufacturer said, blaming what it called "baseless and relentless legal badgering" from the Consumer Product Safety Commission. "It's time to bid a fond farewell to the world's most popular adult desk toys," Maxfield and Oberton, the maker of Buckyballs, said on its website this week. "That's right: We're sad to say that Balls and Cubes have a one-way ticket to the Land-of-Awesome-Stuff-You-Should-Have-Bought-When-You-Had-the-Chance." A limited number of the toys are still available, but no more will be made after they sell out, the company said. In July, the Consumer Product Safety Commission sued Maxfield and Oberton in an attempt to get the company to stop selling the toys, saying they are hazardous to children. When children swallow the powerful magnets, they can pierce holes in the intestines, the commission said, and some children have required multiple surgeries and lengthy hospitalizations. Since 2009, officials said, there have been at least a dozen ingestions of the Buckyballs magnets. "CPSC stands behind the case at this time," commission spokesman Scott Wolfson said Friday. "We continue to allege and believe that Buckyballs and Buckycubes are dangerous and defective for young children as well as teenagers."
Internet videos direct older children and teenagers how to use the toys to mimic tongue or cheek piercings, he said, and some have ended up ingesting them. At the time the suit was filed, Maxfield and Oberton spokesman Andrew Frank said the company would "fight this vigorously," noting that while "some people have misused the product," the toys were marketed to those aged 14 and up, and carried warning labels. But "we made a tough decision after a lot of thought based on how to protect the integrity of the business, the brand, and begin to move forward," Frank said in an e-mail Friday. "It was time for our team to start focusing on the future and providing innovative products for our loyal customers. We will continue to fight the CPSC and sell our other products." Wolfson said the Consumer Product Safety Commission did not single out Maxfield and Oberton. "We have seen incidents with a variety of different brands (of magnetic toys)," he said. "That's why our approach to this hazard has not been exclusive to one company." Eleven of 13 manufacturers agreed to stop making, importing and selling the toys. Maxfield and Oberton and a Colorado company called Zen Magnets did not, and the commission filed suit against them, Wolfson said. Both suits continue. Last month, the North American Society for Pediatric Gastroenterology, Hepatology and Nutrition said warning labels on Buckyballs were ineffective. The group released the results of a new survey of more than 1,700 doctors, who reported at least 480 toy magnet ingestions in the past decade, with 204 occurring in the past year. “The numbers have skyrocketed post-labeling,” said Dr. Mark Gilger, a pediatric gastroenterologist who helped author the study. “There’s just many examples of people ignoring the labels, or people who haven’t paid attention to them bringing them to their home inadvertently.” Gilger said young children sometimes think the toys are candy, and older children and teens use the toys to mimic piercings. Doctors have said "the injury pattern they are seeing in hospitals (after ingestion) is like a gunshot wound to the gut with no sign of entry or exit," Wolfson said. Frank last month defended Maxfield and Oberton's efforts to keep the toys away from children, and the company said in a statement it does not sell its products to children and has a strict policy of not selling to stores that do sell toys exclusively to kids. The statement also noted the company’s efforts to educate its customers, including an informational safety website it developed. The company said it has strongly advocated for a public education campaign sponsored by the Consumer Product Safety Commission, as the commission has done with other products that posed risks to children. Zen Magnets acknowledged in a Reddit posting Thursday that "the magnet fight is probably lost." With Buckyballs' demise, "This makes Zen the last magnet sphere company standing in the US for now," the post says. "We'll keep fighting as long as we can." Zen Magnets was the first company to receive an administrative complaint from the Consumer Product Safety Commission without a record of injuries, as the company has had no ingestions of its products, said founder Shihan Qu. "We've always sold online, where it's not easy for kids to buy anyway," he said.
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Get a behind-the-scenes look at the latest stories from CNN Chief Medical Correspondent, Dr. Sanjay Gupta, Senior Medical Correspondent Elizabeth Cohen and the CNN Medical Unit producers. They'll share news and views on health and medical trends - info that will help you take better care of yourself and the people you love. Recent Comments
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Better stock up on thumb tacks before they are banned.
Remember, anything that could ever potentially hurt anyone, especially children, should be immediately pulled from shelves and the company that developed said product, sued into oblivion..
Really, so all kitchen appliances and all tools (manual and power) have to stop being sold. Whatever happened to personal responsibility and common sense?
Pretty sure Jrad was being sarcastic...
We shoul also ban cars because they kill so many people including children in accidents.
"Whatever happened to personal responsibility and common sense?" It died with the formation of populist governance.
That's a stupid comment. Are you serious? I think it's ridicules.
Does that include rotten parents?
Except guns. Selling guns to kids is okay.... but Bucky Balls must be outlawed because a kid swallowed a magnet. How fracked up is that?
So, we're shutting down an adult desktop / cubicle plaything because children may swallow them? Welcome to the most litigious country on earth, where people can use a product in such a way that is contrary to its intended use, despite warning labels, and still sue the manufacturer when they're injured (though we shouldn't be surprised – in Amurrica, you can sue McDonalds for making you fat and gun manufacturers if you get shot). There are times when I really hate this country, and here's a good example of a systemic failure that drives that sentiment.
The worst part is, it's not some moron consumer suing them, it's the CPSC! I'm sorry, but some people are either too stupid to live, or too stupid to have kids. Neither of those can be blamed on the company. WARNING LABELS! They put labels on the damn thing. I can buy the same magnets from China (A hell of a lot cheaper, I might add) with NO warning labels. At least the company TRIED.
And I'm sorry, but if your kid eats magnets, they're in Darwin's hands, and you need to go to prison for being a terrible parent. They're METAL SPHERES, they don't look like candy, and if your kid thinks they're candy, that's YOUR FAULT, no one else's.
And the whole thing about 'videos demonstrating simulated piercings' is even worse. That is not grounds for ANYTHING. I'm sure there's videos out there telling kids about shoving a Barbie doll up their ***es, and I don't see the CPSC suing Mattel. And any teenager who does something like that is even more deserving of their fate.
The less people are expected to exercise personal responsibility, the more irresponsible they'll get. I'm so glad the CPSC has ensured parents no longer need to explain to their kids that METAL SPHERES are not something they should eat!
Kids swallow stupid things all the time. Cigarette butts, marbles, paperclips, thumb tacks. I do not see the CPSC suing the makers of those products and banning them. Parents need to start taking responsibility for raising stupid kids rather then trying to pawn it off on toy makers, TV and movies, and video games. TRY SUPERVISING YOUR KIDS YOU LAZY MORONS!!!
I am glad that there are so many great parents out there that have raised children that never put anything in their mouth or had a teenager do something experimental. I have been taking care of children for 30 years and have never met the perfect parent. If there were so many perfect parent whose children never put the wrong thing in their mouth then why are 30% of children in this country obese. Fortunately evolution has already helped with natural selection that is why most sharp objects, stones, pebbles, coins and numerous objects that are not magnets or disc batteries without problems. In fact greater 90% of objects pass through the GI tract without problems. Unfortunately neodymium magnets and lithium batteries were not present in the environment during this selection process. The number of magnet balls sold in this country are close to a billion. That means that loose magnet balls will be in our environment for some time to come. The loose balls which do not appear magnetic when they are by themeselves look very innocuous even like candy or berries. When parent move into a house or an apartment where these tiny balls may have gotten loose from the prior residents activities, they may have no clue to their presence. The toddler, infant or young child has a different perspective and if he swallows 2 or more neodymium magnets he will have an 80% chance of getting an endoscopy to remove them or surgery to repair the damage that can occur within hours of ingestion. If these magnets become more prevalent than they already are the cost to our medical system fro these intervention will be a very large burden. This is a toy not a useful tool, cleaning agent or even a protective weapon. Those other items look dangerous and are lock up, many come in child proof containers and most cleaning agents stay in the bottle that has the warning on it. These magnets do not stay in their container and there is no warning present after this toy is seperated from its packaging. Most of the other items mentioned give symptoms with their ingestion. Unfortunately these do not give symptoms at the time they are swallowed but many hours later. The child could swallow these and the perforation or hole to their intestine could occur during their sleep. But obviously there are many perfect parents that this situation would never occur. I just wish there were more of these perfect parents in my practice. Until that time I commend the CPSC for the foresight to remove a toy that has increased medical interventions for their ingestion over 10 fold in the past 4 years. This is the first time in 11 years that they have sued a company to remove a product from the market. I doubt they did this action without significant evaluation of the products risk and benefits.
Bob – paragraph breaks. Learn about them. Use them.
It can also be argued that you can find ammunition, lethal or harmful chemicals, rusty nails and whatnot when you move into a new place.
Personal responsibility, what happened to it?
"It can also be argued that you can find ammunition, lethal or harmful chemicals, rusty nails and whatnot when you move into a new place.
Personal responsibility, what happened to it?"
Sorry, but those things don't look like the little silver confections that seem to frequent the tops of Christmas cookies. I have a set of these at home (which I keep out of reach), and a two year old, and I have no problem with the banning of these things. Are they a ticking time bomb waiting to go off? Probably not. Do they pose a potential, and very serious risk? Absolutely. The issue with these, as Bob conveyed above, bullets, rusty nails, chemicals, etc. present their own set of risks, and look the part. These look harmless, but are anything but. So when some evidently neglectful parent leaves them out for thier kid to eat, resulting in serious injury or worse, I'm fairly certain the whole "personal responsibilty" excuse will offer them little solace.
I'm sure we can all find a new desk toy to entertain us for the next 30 minutes (about how long, before I was bored with these...).
Bob,
A parent doesn't have to be perfect to realize that small children will sometimes swallow stuff they're not supposed to swallow, and remove things small enough for their children to swallow from their homes prior to procreation. This process is called "baby-proofing" and has been common knowledge amongst even mediocre or somewhat poor parents for decades.
It is somewhat unknown, however, among MORON parents, and it is these MORON parents who are being castigated for not keeping the shiny metal spheres away from their children.
However, because such abysmal parenting is now considered acceptable performance, the rest of our society is being forced to pick up the slack for MORON parents.
It doesn't take a dang village to raise a kid, all it takes is one or two reasonably intelligent, reasonably responsible, reasonably competent parents. But since it's now acceptable in our society for parents to be unreasonably stupid, unreasonably irresponsible, and completely incompetent at caring for their children, the rest of us must suffer.
It is a bitter irony that people who make the worst parents are often the most likely to have children, because they're too stupid to exercise caution or behave responsibly in their own lives, let alone the lives of their children.
So long, Bucky Balls. I wonder which inanimate object will get the blame for MORON parents' poor parenting next...
So I'm guessing you are fully down for tacks being banned too. They are small, colorful, decorative and there are other, less attractive alternatives like nails or staples that don't look as edible. Seriously, accidents happen, this doesn't mean there needs to be more regulation, certainly not a BAN on the things. Its a disgusting symptom of an inefficient system.
Which has caused a greater (percentage-wise) number of incidents requiring a remedy via surgery? (1) BuckyBalls (2) Bicycles (3) Dogs (4) Automobiles (5) Skateboards (6) Peas stuffed in ears and noses
Let's compare the amount of injuries and accident deaths between these two products: buckyballs and kitchen knives.
Conclusion:
Kitchen knives should also be banned.
(because we actually care about our children, we keep our buckyballs in our knife drawer)
There needs to be a like button.. I totally agree with you...My almost 9y.o wants them, but I say "Sorry, you're not ready"
I had purchased a set of books for toddlers and the cardboard case they come in/put away in had three stong and very small magnets to help the box close for storage. And yet something made for people who know to not swallow a magnet is being pulled from its consumers.
Enough comparing this to children getting a hold of dumb parents guns before they try to take that next!
I say we ban deadly action figures.... This one time when I was asleep, my ICP action figures came after me and were stabbing me with their little knives...then I woke up and flushed them down the toilet... but then my Mom got mad because they clogged the pipes and she had to call Roto Rooter.. Action figures definitely need to be banned.. they clog the plumbing.
Shoot!, I was going to order some of these magnetic steel balls. It's just something about magnatism that fasinates me. I have seen and read where Surgeons insert these small magnets into the human body, that would help save lives.
Thanks, Obama. You've destroyed more jobs right before the election with your nanny state silliness, proving once again why you need to be fired from YOUR job.
This has to do with the President in what way? Besides in your opinion, what fact can you cite?
It's the Obama administration that filed the frivolous lawsuit. This has been in the news for months, and Obama could have stopped it at any time with a 30 second phone call.
Kids also swallow gasoline – resultying in extended hospital stays. How about putting down your iPhone/tablet ect and do some good parenting?
I hate decisions that promote stupidity. It's not like these things jump at you when you enter a room the way the monster from Alien did. You have to be dumb and I mean really dumb to be hurt by them. Ok a toddler may swollow one. But again how dumb do you have to be to not know kids put everything in there mouths so you'd best keep somethings away from them until you can "teach" them there are bad things that should not be eaten. More and more the laws dragging us into the dark ages.
Where does the line of personal responsibility get drawn? Parents, don't give them to your kids! This is total bs. I can think of a dozen other items in every toy store that could be equally dangerous or worse if swallowed by a child. Someone has a chip on their shoulder.
Is there a small risk of danger? Ok but how many billions old products sold are risk free? The CPA must be bored. They need to be reminded their job is not to protect humans from themselves. Let people be accountable. I know, it's a dying concept.
My friend has over $75,000 in medical charges over her adolescent (developmentally challenged) child swallowing these!
Do you ever stop to think that these parents should not have given these to their developmentally challenged kid?
Or are the parents also developmentally challenged, and could not read the warning label?
No personal responsibility, only government oversight. When the government steps in and takes away our ability to make choices based upon our own well developed sense of right and appropriate for ourselves, including keeping adult toys away from children, determining what condiments to use on our food, when to heat our water, what kind of car to drive, what kind of drink to drink and how much, how to feed our infants and our children, what kind of health care we need and must pay for, where to travel, and who can travel, then our country steps ever closer to a land of statism rather than the land of the free and the home of the brave.
The Obama regime and that mayor of New York are social-engineering totalitarians.
This is a toy, not a knife or car, or something that is useful, or that anyone actually needs. Even guns have a purpose. Kids should not be dying or injured because of dangerous toys that adults can not manage to keep safe. If parents were more responsible, perhaps they could have kept their little high-powered magnet toys, but the hospital records speak for themselves. Kids should not be put at risk by a silly toy. All of you "grown-ups" who are complaining, should perhaps stop playing with toys, and instead, focus on your work, and more importantly, your chidren's welfare and safety. It's unfortunate for the company, and those who enjoy the toys, but are your toys more important than the health and welfare of your children? I'm seeing a lot of "adults" here with less common sense than most children. It's no wonder you're still playing with toys.
I'm going to put it simply. You are a dick. It's obvious to everyone except you, so I won't even both explaining why.
I don't have kids. I should be able to have all the toys I want. Unfortunately, the entire world now must be childproof.
Video games can be seen as "useless toys" and some of them actually induce a lot of seizures and often create sedentary lifestyles. We should totally ban them.
Oh, we should also totally ban those dangerous bikes for kids. I mean toddlers only use them as toys, unlike older kids/adults who can use them as transportation. I bet a lot of fractured skulls, infections from skinned knees, and other broken bones came from little kids recklessly riding bikes because parents didn't bother putting a helmet on them, etc >.<
And who says buckyballs aren't useful? I use them to hold up all my notes/papers. One buckyball takes the place of 2 or 3 cheap magnets. 😀 Luckily we can all still buy these magnets from China and deprive America some GDP =/
So, what about the responsible adults that DON'T have children? I hate having to bear the problems of irresponsible parents when I myself don't have irresponsible kids. Urgh...
Its not the Buckyballs fault its dumbing down of humanity thats now so bad parents can't even keep their kids safe at home.
Americans are LAZY that's why labels are being ignored, we ignore many things, I work retail, so I told someone something then they ask they same question again, and they said, Sorry I wasn't paying attention..... Now that's sheer ignorance, any parent who has the right mind to let a child/teen play with these are retarded.
We know that the toy manufacturers don't actually make the magnets – they buy them from someone else and repackage them. All we need to do is find out where the toy manufacturers get them from. The Consumer Product Safety Commission can hassle sellers of things, but they are powerless to stop us from buying things.
From personal experience,the round batteries that proliferate watches and toys are a much more dangerous item for kids to swallow than these so called Bucky balls....No ban on....Thumb tacks...nails...screws.earrings.... etc......Just because an idiot can misuse it and swallow it... They shouldn't take it off the market. Talk about the nanny state.
Some kids swallow things and some never do. If you are the parent of a kid who likes to put things in their mouths, either don't buy buckyballs, put them in a safe place or out of reach place like you would with knives/cleaners, or leave them at your office. Don't give little kids small shiny magnetic balls! Simple as that. Don't blame the company for something that is so easily preventable with a little parental forethought
I purchased two sets Friday evening because I've always wanted them for my desk at work. I goth them before they were sold out. Those P&G are reworking the packaging of those detergent packs because toddlers are eating them because they look like candy, i guess if children continue to eat them, then they will ban detergent packs also. Guess Ill stock up on those next.
This is dangerous for childrens and adults.Government should take preventive action to stop this kind of production rather than preventing after production.
Someone should sue the US Treasury for printing all those horrible dangerous pennies kids like to stuff in their mouths and ears too.
Government: Fighting to Protect Stupidity
Okay, I don't usually do this but it's time for a RANT! The article attached epitomizes what is wrong with the American legal system and makes my blood boil!
Bucky Balls are one of those truly remarkable toys that will forever be remembered in the world of cool, one-hit-wonder toys. Remember the Pet Rock, the Rubix Cube and, yes, Clackers?? If you have ever used Bucky Balls you understand what I'm talking about. These little, BB-sized metallic balls are one of the most addictive toys that I've seen since throwing yard darts high in the sky in the direction of my friends waiting by the target. You can stack them, shape them or do almost anything with them. They are educational, creative and even engage scientific pondering. They're also excellent stimulation devices for autistic or ADHD patients. They move and shape with the motion of one's hand in virtually any direction. They are also very pretty to look at. More importantly, there is no inherent danger in Bucky Balls - but there IS danger in a parent who mindlessly allows their infant children to play with any tiny, metallic objects, or little legos, or thumb tacks, paperclips, marbles, etc. True, Bucky Balls are attractive (not be imply "attractive nuisance"). So are firearms, kitchen carving knives, pointy chopsticks and colorful toothpicks. But those items have not been removed from the market - instead, people have exercise caution and control over whether to allow a child to play with them. Lamborghinis, Ferraris and Maseratis are also cool and alluring. But no responsible parent lets their child play unattended in the driver's seat when the engine is running. So why should Bucky Balls be any different?
As a result of some parents allowing their infant children to play unattended with Bucky Balls, nearly a dozen incidents of a child swallowing one of the little balls has occurred since 1999. Not to sound cold and heartless, but REALLY?!? Less than a dozen unattended-child-swallowing incidents in nearly 4 years! I can't help but wonder how many little children in that same period of time have died or been permanently and severely burned from playing with matches, or by choking on pieces of toys that were inappropriate for their age. I suspect the numbers are in the tens, if not hundreds, of thousands! Yet those products are not being removed. If a product is badly designed for its purpose or not properly labeled with warnings alerting people to dangers which may not otherwise be obvious, then I, too, support efforts to either improve, replace or eliminate that product and seek retribution from those who failed in such responsibilities. THAT is what the legal system is supposed to be designed to do - to make this nation a better, safer place.
But that is not the case with Bucky Balls, which are obvious - even to my cat - as potential choking hazards. And if my cat could read he would also understand the easy-to-read Age Appropriate Warning on the packaging. The danger of Bucky Balls lies in the parent, not in the toy. And while one cannot help but feel deeply sorry for the children and their families who suffered injuries from these toys (I'm a parent, too, and have thankfully managed to raise 2 boys without such unthinkable horror), why, through the help of get-rich lawsuits by unscrupulous lawyers, should the burden of responsibility and age-appropriate use of a product shift to the maker of the product, rather than to the parent who permits a child to play with it? Is there not something to be said for personal or parental responsibility as the ultimate stopgap against injury to children?? And why do lawyers and judges attempt to enforce imposed-protection against one's self over certain items, but not over others? The reason is obvious: in our American litigious society, when something bad happens to someone, people seem to think that someone else should be responsible, and should pay. And American lawyers are right there, backing them up in that misbelief - and collecting their 33.3% contingency fee…. And we wonder why people around the world today refer to the current crisis in American society as "The rise and fall of the Roman Empire."
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^
I
this person just said it.
I don't get how parents can miss the warning label printed all over the box, I mean its on every side and in an orange box! How do you miss that?? I can't believe they're almost gone 😦
These must be way down on most peoples list of things to be banned.If anything is to be banned shouldn't it be the stupid candy with metallic coloring that teaches kids it's OK to put metal in your mouth!
Also, I can't understand a country that allows automatic assault rifles but wants to ban small magnetic balls ... sounds a bit crazy to me; I know which I would class more dangerous to kids.
I enjoy buckyballs. However, I do not want children or teenagers or adults or disabled persons harmed. Let us focus on things that really harm, think of the children in Newtown. If we are unwilling or unable to ban guns could we at least ban bulllets?
Nah, let's go with pressure cookers and nails
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Just ridiculous. It's amazing how I survived childhood, what with playing in the dirt and playing outside until it got dark (and sometimes playing even then). Nowadays all the answer, instead of proper common sense is ban, ban, ban. Or sterilize, sterilize, sterilize.
I just discovered this recall (I wanted to supplement my existing sets) and, while I'm sad to see them gone, does anyone remember Lawn Darts?
I have had several adult guests once in my living room playing with these things, on the table, when they had been warned about the dangers and the fact that we have a cat who sometimes tries to eat things. With all the personal warnings I gave them face to face about the dangers, they managed to lose several of them off the table.
I got an adrenaline shock when I realized six were missing. I spent two hours combing the carpet to protect my cat from a careless guest's reasonable use of a *fundamentally hazardous* toy, and I only knew they were missing because I am compulsive enough to always reassemble them in a cube when I'm done. Anyone less exacting might have ended up with a dead cat. Or child.
I love these things, and would be happy if they stayed on the market, but removing them from circulation is a valid response.
My friend's daughter just swallowed two of these and after a week of laxatives and enemas, she had to have surgery to remove them. These things really are dangerous and libertarian politics aside, as a father, I'm glad they're discontinued.
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Wouldn't you have to swallow two of these for them to be harmful?
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I tell you this is a conspiracy. Your product is not a toy. It teaches us something very fundamental about geometry, magnetism and indirectly cymatics. The government doesnt want anyone discovering the wealth of knowledge this simple set of rare earth magnets can do. Why else do they target this? There are plenty of toys and products that harm people and children. Look at all the JUNK food they let market to kids that causes obesity and diabetes? Hormones and GMO food they allow in children's lunches. This is a shining example of the fascist country we live in.
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I find the reasoning behind this idiotic. If we decide to leave our children unattended, we're responsible. If we leave a clearly ADULT desktoy out where kids can get them, it's our fault. But if we leave BuckyBalls out(heaven forbid!) and our kids eat them, sue the company! If people lack the mental capacity/ responsibility to be parents, they shouldn't be parents. This is like leaving condoms out and then discovering that our kid had sex, then complaining to condom manufacturers. Welcome to modern-day America.
They ban buckyballs, but yet cigarettes are still available. Sorry, but this isn't anyone protecting anyone...this is all about money. You can still buy these balls in a different brand, most probably a brand owned by some politician somewhere.
We should discontinue stupid people from having children is testament to why these laws end up going in to effect.
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Interesting. I've had a set of buckyballs for two years and have never had a problem making any shape I want. The "much stronger when aligned" feature could do more harm than good. buckybalsmagnets.com One of the most annoying things about buckyballs (for me), is trying to break up a cluster when trying to make a new design. I will certainly give them a try though.
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