PEA & BEAN (Marrowfat & Faba Deluxe Mix) *Experimental*
When is a pea a different kind of pea? When they are NEW ZEALAND's sun bioactivated (polyphenylalanine ammonia-lyase boosted by UVB), muted green in color, whole, dried in the field and mature. And, like other EATRIGHT® SLOW™DRIED products, they are NOT subject to glyphosate accelerator drying [*] 'indicator' crops [c/- 2:13-cv-02174 dkt 63 p3 "cafeteria-type" peas, dkt 64-3 p14 or "pre-packaged" but dkt 64 id 18 "directed to recipes" but USPTO reg 4016802 specimens 13Jun11 pre-packaged, prepared food, on-pack recipe with rudimentary [L rudis "source of..."]. Where “New Zealand is a world LEADER in field pea yields…consistently high” (ref: the Coriolis Report pub. Jun23; emphasis added) yet in the finance field "risk financing is still a problem…for female entrepreneurs…whilst governmental programmes are considered to be supportive" (ref: GEM New Zealand report).
Although peas (species: P. sativum, family: Fabaceae) typically contain high anti-nutrient levels that 'vary not only as a function of maturity but also with the variety' [1], they are a unique source of non-ubiquitous M-Xylohydroquinone (m-XHQ) (considered to be an anti-fertility chemical as it meddles with reproductive hormones estrogen and progesterone), a source of myricetin [^], pinitol [^^], carotene [^^^] and cryptoxanthins [^^^^].
EATRIGHT® Slow™Dried Faba Beans are now also part of the "value added" mix. Prior to proprietary treatments, which removes some of the water content, they are a "raw" data source (2,500-25,000ppm) of the drug L-Dopa (also produced by high cost 'total synthesis') with clinical use: antiparkinsons. (Tropical Plants Yielding Clinically Useful Drugs. by Farnsworth, N. R. & D. D. Soejarto. 1988. Global importance of medicinal plants (unpublished draft manuscript rev. 23)). And, plant origin tyndallized probiotics (also known as postbiotics), inclusion due to clinical research [incl. Double-Blind tests] "improved digestive health" claims.
This product is currently in an 'experimental' stage whilst NEW ZEALAND certified organic sources are located, content assumptions are challenged and non-UHF methods (eg soaking, sprouting, fermentation, thermodynamics, hydrothermal, shearing, enzymatic [**] and/or phytochemical treatments) are compared for this viable alternative plant protein source.
See also product development email correspondence 2Apr13 “It may be an advantage for our IP to come out of product design rather than ingredient design per se…Kefir [not -KEFAUVER or Survey (FNDDS) FDC ID: 2340772 "Kefir, NS as to fat content" water 87.3% or 4Jul07 email "2008 WFM National Category Review Schedule... Dairy Yogurt, Cultured, Kefir, Butter, Eggs"] is one example…incorporate high tech fermented ingredients as well”.
No more doubt (in ‘that’ pea sprout). “What the survivors do to stay in that league…forward, not has it BACKWARD…few large companies create new categories or commercialise innovations…long-term commitment and persistence that innovation and entrepreneurship require". New Nutrition (p.12 editorial) Apr’11.
Country of Origin: Made in NEW ZEALAND with >90% NEW ZEALAND ingredients.
Detail: Proprietary combined processes including those used by Eat Right Foods Ltd under EATRIGHT® (no application or registration has been made but rights are reserved for SLOWDRIED™, a resurrected part of a 'family' of other ('off balance sheet', not captured in the profit & loss accounts). For instance, [L proprius] processing may include Temp. = Very slow to Cool; Time = Short time processes. Consequently, NO acrylamide warnings [Temp. = Moderately hot or higher; Time = Long time] required.
Food SAFETY Verification: Certificate Number 2699 (an International Accreditation NEW ZEALAND (IANZ) third-party inspection body audit, pursuant to the Food Act 2014) issued to Eat Right Foods Ltd at MPI's highest risk level, for the manufacture, processing, exporting, packing, holding and distribution of food products. Where the, independent audit company, is ISO 17020 accredited
Additional Audited Compliance: Australian NEW ZEALAND Food Standards Act 1991 (FSANZ Act) and Code 2002; CAFTA Model Recall Procedure: Food Australia, 45(7), 313-316 1993; Codex Alimentarius Commission: Hazard Analysis Critical Control Point (HACCP) System & Guidelines Annex to CAC/RCP 1-1969, Revised 2022; Food Regulations 2015 (LI 2015/310), version July 2023 and Fair Trading Amendment Act 2021
Address: PO Box 1525 [Level 1, 6 Church St], Nelson 7040, NEW ZEALAND
Packaging: Biocompostable, pre-use stands-up, post-use lies-flat. Home composting enjoys a mix of micro organisms, moisture, heat and oxygen. Also suitable for degradation in a growing number of commercial pack-composting facilities. Tamper-proof-seals, easy tear opener.
FOOTNOTE [1]: In 2:13-cv02174, interrogatory no. 19 Eat Right Foods distribution included “vending machines, airline catering”. But dkt 63 p3 “cafeteria-type…bar area” and HEI-BuyPureNZ case study 09-11Nov21 included “stainless cafeteria trays” by Dr. Manasa Mantravadi (AHIMSA) with “past co-CEO of WholeFoods - Walter Rob[b]” on the investors panel. Different to POSIFoods “Customised nutritional food and beverage dispensing system” (US patent US 7,762,181 B2; Est. Priority Date: 10/01/2004; Issued: 07/27/2010 patent/US7762181B2) or “automatic vending machines operated in many States” (ref: Automatic Canteen Co. v. FTC, 346 U.S. 61 (1953) where Justice William O. Douglas dissented on legal and policy grounds). “The Court was clear that the burden was on the defendants to establish the cost justification and the burden was substantial. In its words, the burden on firms, as articulated by the FTC, was “heavy””; “bludgeon sellers into prices that give him a competitive advantage, there is NO [emphasis added] unfairness in making him show that the privileges he demanded had cost justifications.” (ref: The Robinson-Patman Act as a Fair Competition Measure by Brian Callaci, Daniel A. Hanley, and Sandeep Vaheesan (pub. rev. ed. 9Apr24)).
FOOTNOTE [2]: sledge¹, sled, sleigh n. esp. of those for dragging farm-stuff &c.; v. i. & t. Go, convey, in s. [Du (SLIDE)]; sleight n. dexterity, artifice (arch.); s. of hand, expert manipulation, juggling, a juggling trick. [N (SLY)] (ref: Oxford Dictionary). Where “@vors” [L voro devour] and “fl” abbreviation for “financial leveraging”. Where trickery included “leverage the value of [Whole Foods Market] brand” (ref:2:13-cv-02174 dkt 26-6; 27-1 p16) through infringement, contributory infringement (ref: "456 U.S. 844, 854 (1982)" dkt 25 p14)) by “incorporation” of non-permitted use of EATRIGHT® (dkt 16 exhibit E) where Eat Right Foods Ltd (USPTO reg. 3694692 et al) had superior rights.
FOOTNOTE [3 (a)]: “Sleight of hand” included USTO reg. 7262391 “response to office action” 25Sep20 for “365…” not “Whole Foods” stand alone (ref: Brand Directory’s Global500 2020). Where “365” Fresh Chicken (ref: “That Chicken From Whole Foods Isn’t So Special Anymore” by D. Shanker et al pub. 14Aug17) included mandatory USDA Establishment (EST) Number but dkt 27-14 did NOT "willful violation of federal food labeling law, namely FDA Regulation 3-602.11(b)(4)" (ref: dkt 25 p11 ln 20-21).
FOOTNOTE [3 (b)]: “$365 million…” (dkt 27-1 p30) c/- “365 Every…” and issues regarding “AFA” (ref: dkt 27-1 p14) abbreviation for [“Presented By] “Authentic Food Artisan” [Whole Foods Market”]; rePRESENTATION by "Graff", at that time, of “skjerven.com” LLP (5Feb02) not “skjerven.com” Invest... (18Aug24). Where "partnership" c/- "limited partnership" was yet another judicial "error" (correction 22Aug16; yet 'counsel for WFMI was alerted…unfair and prejudicial for WFMI to be permitted to submit evidence explaining this alleged “error”' (ref: 2:13-cv-02174 dkt 25 p11 footnote 1)). Also no "ERF" sealed a deal with "WFMI" instead market RIGging, tricks and other maneuvers (manoeuvre; L manuopeRARE). "AFA" (USPTO reg. 690017) a US class 200 or "Collective Membership Mark" of the Air Force Association (founded Colorado Springs, CO [WFM Rocky Mountain Region] not "arsenic" in Starkey Spring Water, ID (Consumer Reports pub. 24Jun20) or "spring water" (ref: USPTO reg. 1837157 specimen 24Jul07)). And "AFA" a non-profit formed 4Feb46, rebranded to become Air & Space Forces Association with "new Star-Delta Logo" to embrace heritage and heraldry (ref: afa.org pub. 7Apr22).
FOOTNOTE [4]: Remarkably, WFMI denies it is “a retailer of natural and organic foods” (2:13-cv-02174 dkt 25 p18 footnote 2). Company growth by stealth and "killer acquisitions" (ref: House Judiciary Digital Markets Report p6). Where "brands" from acquired stores (stores…since 1999 dkt 25 p6 ln 21-22) with assignments involving “Whole Foods Market Group, Inc * …
* Doing business as Whole Foods Market, Inc." (ref: 21:13-cv-02174 dkt 27-2) including
“Bread & Circus” USPTO reg. 1623240
“Greenlife Grocery” USPTO reg. 2836248
“Harry’s Farmers Market” USPTO reg. 1854765
“Wellspring” USPTO reg. 2102777
“Fresh Fields” USPTO reg. 1837157 where “assignment 5" also involved "Whole Foods Mid-Atlantic Inc” (ref: c/- dkt 26 id 4 "WFMI’s network of stores in the Mid-Atlantic" and "Whole Foods Mid-Atlantic Inc" excluded from dkt 27-2)
Other oddities include …
“Capers Community Market” USPTO reg. unable to find (dkt 27-13 p2 "LOX cream cheese CAPERS"; " Proposed Emasculation of Section 7 of the Clayton Act, 65 Neb. L. Rev. (1986) p821)
“Ideal Market” USPTO reg. 2715350 of Wild Marks Inc (Wild Oats Financial Inc, Sparky Inc, Wild Oats of Texas Inc) (see also FTC v. Whole Foods Market 548 F.3d 1028 (2008))
"GlutenFree Bakehouse" USPTO reg. 3816409 exclusion from dkt 27-2
Product Details
- [^] Source of Phytochem: Myricetin. PubmedID 17976658. 'Many of our drugs were PATtErNed after natural medicine. Big Pharma...gravitates to more patentable synthetic drugs'. Hypotriglyceridemics: Herbs and Foods Versus the Synthetic SILVER Bullet. Journal of American Herbalists Guild volume 11, #1
- [^^] PhytochemID: Pinitol. PubmedID 18752266. Peas 500ppm. Dr Duke's Phytochemical and Ethnobotanical Databases
- [^^^] Source of alpha-carotene, beta-carotene 18.2ppm, neo-beta-carotene-B, neo-beta-carotene-U. Dr Duke's Phytochemical and Ethnobotanical Databases
- [^^^^] Vitamin-A-Activity. Pea. 1.8ppm Beta-cryptoxanthin, 0.09-0.9ppm Cryptoxanthin Dr Duke's Phytochemical and Ethnobotanical Databases
- PhytochemID: Trigonelline (TRG). Ubiquitous NO. Fruit content 6ppm to 203 ppm (stdDev 1.0). Total activities 15: anticancer and antitumor (cervix, liver) and others Dr Duke's Phytochemical and Ethnobotanical Databases
- [†] Non-tropical Plants Yielding Clinically Useful Drugs. Species: Several other plants [Pisum sativum. Seed. 500ppm] Drug: Pinitol. Action/Clinical Use: Expectorant [Expectorant FEA]. Farnsworth, N. R. & D. D. Soejarto. 1988. Global importance of medicinal plants (unpublished draft manuscript rev. 23)
- Biological Activity: Antiretinitic & retinoprotectant optometry. PhytochemID: LUTEIN (Dr Duke data) Alternative names: β,ε-carotene-3,3'-diol, 4-[18-(4-Hydroxy-2,6,6-trimethyl-1-cyclohexenyl)-3,7,12,16-tetramethyloctadeca-1,3,5,7,9,11,13,15,17-nonaenyl]-3,5,5-trimethyl-cyclohex-2-en-1-ol, xanthophyll (NZ Food Composition)
- Multidrug resistant (MDR) inhibitor: Pea (phytochemID: Genistein 200uM). Dr Duke's Phytochemical and Ethnobotanical Databases
- Activity (pea: whole plant, at all stages of growth, consideration): demulcent. 610,000ppm. Biological activity from (2) chemicals. Dr Duke's Phytochemical & Ethnobotanical Data
- MUTEd green peas (Pantone 159-11C and U). Benchmark testing with dried yellow (Pantone 458C or 7758U) and dried maple/Whero (Pantone 486C or 7576U).
- Hemostat activity (nb. seed rather than mature fruit): cellulose 74-96k ppm, citric acid, cephalin Dr Duke's Phytochemical, Ethnobotanical Databases (pub. '16)
- Very apparent lack of inventive 'value-added' private label products [w or w/o iniquitous] and treatment of food as a 'lost leader' to higher margin [pattern-patent-pill-puzzle] synthetics [****]
- Atmospheric freeze-drying - a Food Industry Enabling Technology (FIET). by Prof. Richard Archer, Lee Huffman et al (pub. Dec17/Jan18 by Food New Zealand)
- [*] Why Is Glyphosate Sprayed on Crops Right Before Harvest? by EcoWatch (pub. Mar’16)
Harvest (n.; v.t.) NOT 'harvest.ai' Jan17 acquisition c/- internal expansion (ref: 374 U.S. 321, 370 (1963))
- [**] Information on EC 3.2.1.14 chitinase and [pea] pisum sativum
Schomburg D et al. BRENDA, ELIXIR core data resource on enzymes (pub. 2021), Nucleic Acids Res., 49:D498-D508
- [***] Converting Nitrogen into Protein by François Mariotti, Daniel Tomé & Philippe Patureau Mirand (pub. 2008)
Nx5.36 for pea protein not Nx6.25 currently used for plant proteins
- [****] ‘Medicinal importance [revival], as the economic costs and knowledge of the side-effects of prescription pharmaceuticals increase…contains thousands of useful phytochemicals. Pharmaceuticals usually contain only one or two’
[PEA Purseglove et al. (1981)] CRC Handbook of Medicinal Spices by James A. Duke et al (pub. 2003)
- Pea Viner Corner, Appleby Straight, Nelson, Tasman, New Zealand
Topo Graphical Map. Crown Copyright Reserved.
- [††] New Zealand 'twisted strategy' puzzle. 'Strategy game from New Zealand...mixture of skill and chance'.
interesting brandautopsy.com/2007/02 article with [folk] 'lore' reference
- [1] Different varieties not included here are 'peas (Sugar Snap) PLU 4675' and 'peas (Snow/China) PLU 4092'
PLU or price look up code; International Federation for Produce Standards (IFPS)
- Health Benefits of Heat-Killed (Tyndallized) Probiotics: An Overview
by Piqué N, Berlanga M, Miñana-Galbis D. (pub. 23May19)