EATRIGHT® GOLD Kiwi Fruit (organic, low rot, * NEW * thin, thick or thick-&-thin options)

The EATRIGHT® organic water-lessened gold kiwifruit, kiwi-fruit, kiwi fruit [*] contain significantly higher actinidin activity than figs, papaya and pineapple. This higher actinidin level “can lead to improved breakdown and digestion of alternative proteins when consumed as part of a meal. Therefore, they have the potential to be used as a digestive aid in population groups looking to achieve faster and greater protein digestion such as athletes, elderly and people with the impaired digestive system” [^]. And, dietary treatments that may permit consumers to eat gluten-containing products, include the use of proteases (eg EC 3.4.22.39 cysteine endoprotease [kiwifruit] and EC 3.4.21.26 - prolyl oligopeptidase [carrot] previously EC 3.4.22.18 - prolyl endopeptidase (thiol-dependent) ref: Brenda-Enzymes).

Nutrient dense [not oil or water weighted], this EATRIGHT® super "berry fruit" with seeds included (c/- "pip fruit" or "stone fruit" where seed/stone removed), provides an expanded product line in a sea of rationalized, low-no reinvestment and non-available products. "Iconic/unique...still relatively new, rare and exotic fruit to many/most global consumers and markets" but also an "increase biomass: Long lived vine crop" (ref: the Coriolis Report pub. Jun23 [†]). They are an extra-ordinary plant-breeding "good source" of vitamin C (400% more than mango cheeks) success with contribution to normal: collagen formation (skin, bones, teeth and gums), energy metabolism, psychological function, iron absorption from food, cell protection from free radical damage [**]. Other sensory differences, in comparison to traditional [green] kiwi, is the sweeter taste of non ubiquitous levulose [^^].

They are initially grown organically (“5% of all fruit are organic” (ref: the Coriolis Report pub. Jun23)) in relatively low humidity [Gk hudor water] areas and are of composite harvest. But all are of NEW ZEALAND's north facing, towards "more sun [more UVB actinism], less air pollution, fewer pests an diseases" (ref: NZStory) curative culture value. Soft, air-fan-dried (at <60 degC; <140 degF) equates to all season enabled, drip-less, bruise-less, drop-test-able, life-lengthen product with good chew-ability for improved digestive system impact.

• Excellent natural source of vitamin C
• Vitamin K1 'expected but not quantified' source
• Natural source of [non-isolated] dietary fiber, 33% soluble fiber
• Natural source of potassium (contributes to normal muscle function, necessary for normal water and electrolyte balance) [**]
• Good natural source of folate (contributes to normal homocysteine metabolism)
• Low-FODMAP
• Preservative free (sulphate free)
• No added sugars
• No added oil (the intact kiwifruit seeds incl. seed oil, source of omega 3)
• Low in fat & sodium
• Non GMO, GE free, not bioengineered, not genetically engineered
• 100% Certified Organic. NB. the supplier to 'ERF' holds the certification by BioGro NZ (International Federation of Organic Agriculture Movements accredited)

Crust lessened (NO 'upper crisp or crust') with thick, thin or multi cut options NOW available.
■ Thick cut size ['cut at a size larger than' 5mm]: approx. 26 slices per 135g pack
■ Fine cut size ie thin slices: approximately 60 slices per 135 pack
■ Thick-&-Thin option

Nutritionals per 25g serving size - Energy 347kJ
Protein (1.1g), Fat-total (0.6g), Fat-sat (0.1g), CHO-total (18.5g), CHO-sugars (16.3g), includes 0g added sugars, Dietary Fiber (2.0g), Sodium (1mg), Potassium (375mg), Vitamin B6 (0.22mg)(13%RDI), Vitamin C (175mg)(380%RDI), Vitamin E (1.6mg)(16%RDI), Folate (20ug)(10%RDI)(data: raw=82% water)

Nutritionals per 100g - Energy 1495kJ
Macro: Protein (4.3g), Fat-total (2.5g), Fat-sat (0.4g), CHO-total (74.0g), CHO-sugars (65.0g), includes 0g added sugars, Dietary Fiber (7.8g), Sodium (5mg), Potassium (1500mg); Micro: Vitamin B6 (0.86mg), Vitamin C (700mg), Vitamin E (6.2mg), Folate (82ug (data: raw=82% water), Amino acids (free and protein amino acids) not currently available

Explanation: The % Recommended Daily Intake (%RDI) tells you how much a nutrient, in a serving of food, contributes to a daily diet. An average adult diet of 8,700KJ or 2,000 calories a day is used for general nutrition advice.
[*] Select EU and FSANZ general level health claims with updates: 4/4/23

Best before date: 12 months, or more. [To reduce oxidation deterioration, please store in a cool dry place away from direct sunlight]
Country of Origin: Product of NEW ZEALAND's bio-economy (distinctive stamp-tread of origin quality on the under side of all thin slices) [***]
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 NZFS highest risk level, for the processing, repacking, exporting 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, Fair Trading Amendment Act 2021 and BioGro Certificate of Organic Compliance
Address: PO Box 1525 [Level 1, 6 Church St], Nelson 7040, NEW ZEALAND
Packaging: Home compostable packs (composting enjoys a companion mix of micro-organisms, moisture, heat and oxygen). Meddle-proof-sealing with zipper-reseal-ability to help with product-preservation

[†] Key contacts for "the Coriolis report" include Tim Morris, Coriolis Director and son of the late Professor John Morris. John was a ‘Director of “Executive Programs” at Monash University (Vic, Australia)…part of the Cornell University Food Executive Program in the US since 1978. Mentor to Eat Right Foods Ltd knowledgeable regarding sales and expansion of EATRIGHT branded foods in Whole Foods stores. Worked as a senior executive with Safeway Stores, Inc. in Oakland, California’ (ref: initial disclosures pursuant to Rule 26(a) of the Federal Rules of Civil Procedure; 2:13-cv-02174 dated 2Apr14 potential witness). NB. C-O-R-I-O-L-I-S (c/- "C-O-L-I-S-S-I-S" 2:13-cv-02174 p241 25Jun14). Where "coliSSI" is an abbreviation for "Escherichia Coli Surgical Site Infections" and "multi-drug resistant organisms…deep protein malnutrition" (ref: Surgical Site Infections… by Foschi, D. et al pub. 19Mar22) with prevalence of celiacs disease in Italy was 1.36% by serology, sample size 4781 (ref: Kang et al. (2013). Where "coriolis" effect is an "inertial (or fictitious) force that acts on objects in motion…Gaspard-Gustave Coriolis published a paper in 1835 on the energy yield of machines with rotating parts, such as waterwheels". With water-wheels [hub-and-spoke; 306 U.S. 208 (1939)] uses included, at the time, flour/gist/gristmills, cloth/woven "thread"/woolen mills and "reversible wheels were used in the mining industry" (ref: Wikipedia). And another "pseudo" effect referred to as "reverse-acqui-hire" (ref: ...Products from Smaller [electricity or "power hungry"] AI Startups by Matt O'Brien et al pub. 13Jul24) where reverse UPC code on "ENGINE 2" [incl. bulk dispenser and packaged 40oz pack "Health Starts Here Whole Foods Rip's Big Bowl Cereal"; R.I.P. abbr. "requiesca(n)t in pace [L = rest]" ref: OX Dict.] products was that of WFM Inc ie 009948443603 etc (ref: 2:13-cv-02174 dkt 38-5). And "the “Whole” family of brands…Engine 2…among [in-FRINGING "EatRight America"] others" (dkt 27-1 p7) where Engine 2 was another company with "no [producer, manufacturing plant] permits". plant n. factory, (sl.) plot to defraud or hoax; v.t. conceal, (sl.) bury (ref: Dict. old&new). “Main point of contact” [chad.sarno@wholefoods.com] moved on from the company [but ISBN 978-1-4789-4497-3 (hardcover), -4494-2 (ebook), lccn.loc.gov/2018012872 1st ed. October 2018], NOT that he or she is unavailable to testify (ref: 880 F.3d 1109 (2018) emphasis added)

[††] “The House of Representatives has passed a far-reaching food safety bill requiring more government inspections and imposing new penalties on those who violate the law, reacting strongly to an outbreak of salmonella in peanuts that killed at least nine people. The legislation would require greater oversight of food manufacturers and give the Food and Drug Administration (FDA) new authority to order recalls” (ref: 18Aug09 email); "Peanut Corp owner…sentenced 28 years in prison…refused to testify…never took the witness stand" (ref: The Guardian pub. 22Sep15, emphasis added) and also "Possible Health Risk" 2:13-cv-02174 dkt 27-13.

[†††] "Motion for summary judgement" (ref: 2:13-cv-02174 dkt 90 excluded IN-tirety (arch.) of "entity" dkt 27-1). It was filed "one day" early on 5Mar15, minus critical "Whole Foods Market Inc" (“WFMI”) entity, in breach of "rules for mediation" such as “no service or process at or near the site of the mediation session…within 5 days before the scheduled [9Mar15] mediation session” and dkt 33-1 id 19 et al (14Apr14) had not been IN-acted. Where prior "even within the confines of the ESI agreement, Whole Foods is not acting in good faith" (ref: dkt 63 p11). Also clause 3(e) where "WFM" was indirect/evasive WFMSI not WFMI and "Company" was NE not indirect/evasive Leville (ref: USPTO TTAB 77868068 [assignment ‘in gross’] 91202219) also NOT the "owner of all right, title and interest in and to" (ref: 9th Cir. 15-35524 ER756).
"Mediation" held next door to "trial counsel...[who] objected to Eat Right’s subpoena for deposition testimony" (ref: dkt 33-1 id 19; dkt 27-15 p7 interrogatory No. 4; dkt 27-16 p12 request for production no. 26) and "WFMI" signatory (ref: dkt 149 p6) a "no-show" (c/- ishow.com 2:15-cv-01550). Where the in-FRINGE-ment [emphasis added] “never terminated. That—that was the problem, okay? And so, we had to file suit to get that termination ultimately, and there was no monetary remedy…unable to—to satisfy the monetary damages. I think it’s very important to look at—” (dkt 135-1 p13 ln 2-7). Where changes of “representation” 22Apr22 “other appointed attorney(s)…Molly Buck Richard” for shoe retailer “Zappos IP Inc” eg USPTO reg. 3198976, 3393526, 3628270 are all “entity” removals from 2:13-cv-02174 dkt 38-1 p3 (women’s shoe standards) and 370 U.S. 294 preventions of "direct recourse". Also 23Oct11 “new other appointed attorney…Molly Buck Richard” for USPTO reg 3745553, 3909500 et al are, again, entity removals from “Amazon executive predicted in November 2010 that it would seriously wound Quidsi…standard remedy for dominant intermediaries in other [cases, industries]…private enforcement plays a critical role…those abused by monopoly power have an opportunity for DIRECT recourse” (ref: DIGITAL MARKETS Part II 117th Congress inquiry, en- [L quaero seek]; emphasis added). Where IN-direct yet “IN-privilege” mediator “Molly Buck Richard” c/- IN-tense scrutiny [L scrutor examine] and “standards” required of Eat Right Foods Ltd. And "…Bear, LLP" (dkt 32-5 p6 "bears") revoked to "Kil…" (10Jan22 in USPTO 6422019 et al) yet "KIL-l zone...insulates dominant platforms from competitive pressure" and "KIL-ler acquisitions" (ref: DIGITAL MARKETS Part II 117th Congress; emphasis added).

[††††] "Certainly, Mackey’s relationships with many former colleagues seem fraught. They won’t talk about him on the record, out of concern for propriety, ongoing business dealings, or non-disclosure and non-DISPARAGEment (c/- 2:13-cv-02174 dkt 123 p14 ln 21) agreements they signed when they left. (It is ironic that a company so outspoken about transparency has produced a diaspora of such wary silence.) But one gathers—from their demurrals, Mackey’s own comments, and other reports—that Mackey can be hard to work for…practitioner of power" (ref: Food Fighter by Nick Paumgarten pub. 27Dec09). Where an "Alon[e]" female in "middle" of “co-founder…$16 billion Fortune 500” and brother[hood] co-founder by WFM ex-employee “WICKED” (ref: found 10Mar19, inside & outside cover only lccn.loc.gov/2018012872) iniquity n. wickedness; gross injustice. See also "Black Letter Law", hornbook (in U.S. = BUTT⁴ in, cornucopia), trite [l tero] or "Common Law" (ref: 2:13-cv-02174 dkt 1 id 28; "30 U.S. 402, 434 (1831)" (ref: Wikipedia)) where mandamus (n. Superior court's writ conveying command to lower ref: OX Dict.) regarding 548 F.3d 1028 (2008), FTC Matter 070114).

[†††††] Vendor Eat Right Foods Ltd ("ERF"), had NO binding agreements with Whole Foods Market Inc, between supply dates 2004 and 2013, nor did it enter into the "WFM Vendor...NDA (NON-DISCLOSURE AGREEMENT)" footer "Rev. 12182006", "Created 26 Feb 2007" when February 21, 2007, Whole Foods Market announced it had agreed to acquire Wild Oats. The NDA (excluding an "arbitration" clause) was sent to “ERF” by “WFM Vendor Reporting” 6May09. Interestingly, the "temPLATE" included “EXCEPT that Whole Foods Market shall be entitled to assign or transfer this Agreement to a subsidiary or an affiliated entity of Whole Foods Market without the prior written consent of the Company…performable and enforceable in Travis County [not Travis R. Wimberly in 2:13-cv-02174 and of counsel Brief for ABA 19Sep19 590 U.S. ___ (2020)], Texas…VP, Global Purchasing-Perishables (emphasis added). And assignment reel/frame 6772/0712 dated 16Dec19 was, most definitely, NON-“mutual” [L mutuus borrowed; ref: OX Dict. 4th ed] for USPTO registrations 1557320 with design search code(s) 5.09.05 Apples; 05.09.25 Coconuts, Kiwi Fruit…27.03.04 Plants… and significant others. Where an arbitrary (a. derived from mere opinion, not based on law ref: OX Dict.) arbitration was not in “WFM001280” eg clause 4 “…NDA will control” (ref: 9th Cir. Appeal 15-35524 between ER756 and ER757). And “forced arbitration clauses…SUPPRESS VALID CLAIMS AND SHIELD WRONGDOING” (ref: DIGITAL MARKETS Part II 117th Congress p341 by J. Nalder, D. Cicilline et al pub. Jul22; emphasis added). WFMI (WFMSI, WFMPNW, WFMIP [L.P. to Inc] et al) "control" including of wrong doer (ref: 2:13-02174 dkt 55-1 p22-3 clause 9.8 "arbitration").

[††††††] And something smelt really fishy on 13Apr14 including land-locked "Atlanta". Where “WFM Select Fish, Inc” (2:13-cv-02174 dkt 27-2) was the result of “Select Fish, founded in 1987” acquisition, “Pigeon Cove” acquisition and “new seafood-distribution facility in Atlanta” (ref: Seattle Post-Intelligencer pub. 10Nov03; ie "WFMI" evidence) where USPTO TTAB 92048847 dkt 5 p17 “Safeway Select [Eating Right…] Chicken”. But "North Atlantic Kitchen" (ref: FDA Warning Letter [CMS 492729, June 8, 2016 ("enforcement-and-criminal-investigations…6816" eg "condensation", "Listeria" 2:13-cv-02174 dkt 27-13)] where 30Jan17 Letter "does NOT relieve you or your firm from the responsibility of…or with other relevant legal authority" [emphasis added]) is significant despite preemptive [L emo buy; ref OX Dict] trifecta facility closures (ref: SupermarketNews 19Jan17). Importantly, "the [US]PTO’s focus in the evaluation of a trademark registration application is consumer confusion, the FDA’s focus is medical safety" (ref: footnote 256 "Are We Running Out Of Trademarks?" pub. Feb18 by Fromer et al [Frommer et al LLP 2:13-cv-02174 dkt 1 to dkt 24]). Yet liability [L ligo bind] avoidance (n. [EX-, VOID]; void, a. n. & v. devoid of, (now rare) ref: OX Dict.) has been experienced at every stage (ref: 9th Cir. Appeal 18-35473 dkt 16 p2 “Pursuant to Federal Rule of Appellate Procedure 26.1…” WFMSI, WFMPNW with exclusion of “that” WFMI (548 F.3d 1028 (2008)) entity. And, "WFMI" still included in "ERF’s Initial Disclosures" (2:13-cv-02174 2Apr14 potential "witnesses") including "U.S. Department of Commerce - International Trade Administration [Select USA program; Global Team Leader - Franchising] (Greater Atlanta Area) (ex Investment New Zealand/New Zealand Trade and Enterprise). Mr. Johnson [CFE, CGBP] is familiar with and is knowledgeable regarding sales of EATRIGHT branded foods. Atlanta the location of Menu Directions ’19 and GATE[ch.edu] not graf[t] [(grahft; US) money or property that is gained illegally or unfairly (ref: LSD.law)] at k&l GATES llp subpoena objector, representation changer (12Nov21) and time extender for USPTO 87726799 (including ongoing "acting in full knowledge" assignments WFMIP "L.P." to WFMIP "Inc" on 1Oct21 by "Warren" (declarer 3:17-cv-06584-LB dkt 36 p4 id19 "WFMI filed against the Federal Trade Commission (“FTC”) in 2008…antitrust proceedings…to stop WFMI’s acquisition of Wild Oats Markets, Inc" c/- WARREN, Chief Justice ref: 370 U.S. 294 (1962)) with "related property owner" including USPTO 1557320 assignment 16Oct19, originally WFMI by "Barber, Esq". Compare USPTO 87726799 with 77682020 "most important" classes 41 & 16 (3rd & 6th by registration #s in '16) express abandoner]. And "important" class 5 "barriers to entry in this space are high…research is expensive…as is [NZFS MPI "high risk" level (cert. 2699)] approval process" (ref: footnote 315 "Are We Running Out Of Trademarks?"; emphasis added). Atlanta location of STONE Mountain but STONE, Chief Justice (International Shoe Co v. Washington 326 U.S. 310 (1945)) relevance to 2:13-cv-02174 dkt 38-1 p3.

[†††††††] See also footnote: 2473 “"If read broadly ["Defendants embraced the mark and wanted to apply it more broadly to products in their stores" ref: 2:13-cv-02174 Interrogatory No. 13; emphasis added], the prohibitions on ‘monopolization,’ ‘unfair means of competition,’ and ‘restraints on trade’ could be used…But…courts have GRAFTED [emphasis added; Gk graphion stylus] onto these laws burdens of proof, special requirements and defenses that are found nowhere in the statutes, and that have rendered the laws applicable only to the narrowest of scenarios’’ (ref: DIGITAL MARKETS Part II 117th Congress). Where “WFMSI” signatory (dkt 32-3; 1Sep11) was the same as dkt 55-1 p30 (4Aug11) but excluded “nutritarian.com” (dkt 55-1 p43; also dkt 26-7) and “WFMI” (dkt 149 p6). Where USPTO 77682020 included “DOC in DOC-CONTROL…”documents”…not “doctor” [Fuhrman]” 17May09. And trademark registrations have “several coordinated classes” such “042 Computer, scientific, and legal services” (ref: USPTO). Where “signalling…aggressive response”, "(‘tacit collusion’), such as [firm with substantial market power may use legal or regulatory proceedings in an unreasonable or vexatious manner in order to hinder or exclude rivals or potential entrants, such as litigation with little or no chance of success that is launched for the purpose of imposing costs on another person] signalling" (ref: id 3.111.2, footnote 55 ; ComCom Mergers & Acquisitions Guidelines pub. May22; and id 118.3 Misuse of Market Power Guidelines pub. Mar22).

Product Details

• Plant Variety Right (PVR): 30746
• [*] US Plant Patent Application. Kiwi fruit VARIETY Named ‘Zesy002’ US20100333243P1 Food engineers...plant breeders will all need to pay attention to the fate of food in the digestive tract eg actinidin resulting in a greater degree of digestion & more rapid stomach emptying (Dr Mike Boland pub. '14)
• International Union for the Protection of New Varieties of Plants (UPOV): ACTIN_CHI
• Scientific Name: Actinidia chinensis var. chinensis ‘Zesy002’ (International Code of Nomenclature for algae, fungi, and plants (ICN))
• Plant Botanical Name: Actinidia chinensis Planch. [KIW]
• Breeder Reference: 13-15-14g.02 Gold3 (G3)
• Taxonomic Serial No.: 506775 (Integrated Taxonomic Information System (ITIS))
• Etymology: ac'tinism, n. Property of sun's rays that produces chemical changes, as in photography. ac-tin'ic a. [Gk aktis ray]
• [**] Organic Sungold Kiwifruit FCDB ID# L10021: vitamin C 151mg/100g or 378% RDI c/- Mango (USPTO TTAB # 91202219 exh 27 p58) FCDB ID# L101; vitamin C 30mg/100g or 75% RDI (ref: NZ Food Composition Database; raw).
• Kiwi has intercellular, capillary or free water (FW) ~18.5%, cell wall or strongly bound water (SBW) ~7%. Investigation of bound and free water in plant-based food material using NMR T2 relaxometry by Md Imran H. Khan et al (pub. Dec’16)
• β-carotene source (~80µg/100g) for those following a low phytanic acid diet. Global DARE (Defeat Adult Refsum Everywhere) Foundation diet guide: fresh and dried fruit
• [***] IPONZ current registers geographical indicators (GI) as 'collective rights' for wine. Other EU quality schemes include protected designation of origin (PDO), protected geographical indication (PGI) and traditional specialties guaranteed (TSG). agriculture.ec.europa.eu including for the 'United Kingdom' with ['Crown Copyright Reserved'] clarification needed for dependencies
• Bioactivty demulcent (relieving inflammation and irritation). kiwi, ubiquitous YES. Ethnobotany Use: arthralgia. USDA's Phytochemical Ethnobotanical Database (pub. '16)
• [(froot). 1. n. (Usu. pl) vegetable products fit for food; seed with its envelope, esp. as food or as means of reproduction]. Not to be confused with kiwi (ke’we), n. The apteryx [mo’a, n. Extinct ostrich-sized] NEW ZEALAND flightless bird [Maori]. Pocket Oxford Dictionary (4th ed.1942, revised, reprinted with corrections 1952) Addenda.

Schools, foodservice, wholesale, bulk. And 'ONE Pack Shipping for a ONE kilogram order' (free samples available and bulk prices per kg are negotiable)		Quantity
135g pack; [dry, NOT re-hydro, weight] unit price $5.92/100g	NZ$ 7.99	Quantity
*NEW* cut size options: thick, thin or thin-&-thick
30g pack; [dry, NOT re-hydro, weight] unit price $6.63/100g	NZ$ 1.99	Quantity
*NEW* cut size options: thick, thin or thick-&-thin
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