EATRIGHT® Carrot Jam[med] (reformulated, now re-CONSTITUTE-able) Carrot Preserve

After a significant amount of time jammed up [1] (wireless: make message, instrument unintelligible by operating elsewhere (ref: ed.4 Oxford Dictionary), this new category [2] of jam (n. (UK, slang) luck, (Canadian, slang) courage (ref: Wiktionary) is "a real treat". The certified organic carrots are grown in heartland Canterbury, NEW ZEALAND, where the temperatures are cooler, producing sweeter taste. And processing "combines an ancient preservation technique with sophisticated state of the art drying technologies" (ref: NZ Fernmark Licensee No. 100763).

It sits within "mixed prepared / preserved fruit, inc. sweetened" [HS200892]. Where NEW ZEALAND export volume growth was 17% (2006-2016), volumes doubling 2012 to 2013. The average reported NZ export price increased 5% during the 2006-2016 period. The top 10 "importers share" at 72% with 1st USA, 2nd Canada, 5th UK and 9th Australia. The opportunities identified included: yogurt and icecream flavorings, juices, food ingredients (cereals, snack bars) et al. Sources of value creation: "wide range of New Zealand developed, branded IP" (source: UN Comtrade (from New Zealand Customs data) Coriolis analysis p116, p118).

Also an "innovative foods" [HS210690] (“other foods not elsewhere specified, other” or nec) products that have not yet been assigned a global trade code. Mainly (estimated 70-80%) exported under this code are nutraceuticals, functional foods and innovative products. New Zealand leverageable factors: “isolated island location, strong food safety standards, trusted by consumers, track record of success”. $CAGR 2016-2021 14%. "Constant demand for new categories…retail-ready products". “Due to New Zealand privacy laws, details…under this code are confidential”. (source: UN Comtrade (from New Zealand Customs data) Coriolis analysis p27, p67)

• 100% Fruit & Vegetables
• 50% Less sugars than regular jam (FCDB ID W73; water 31%)
• 38% Less sugars than "jams & preserves" (NDB No. 19297; water 30.5%)
• No added sugar
• No added color [E141 copper complexes of chlorophyll and chlorophyllins (C.I. 75810; copper phaeophytins)]
• No sugar alcohols
• Low glycaemic response (pectins: reduces blood glucose rise after a meal (ref: EU approved health claims))
• High in fiber
• Source of inulin
• Low moisture
• Made with >70% (no use of copper sulfate) certified organic ingredients
• GMO Free

EFSA health claim ID 2702: “Chicory (Cichorium intybus L.)” and “Slimming aid/ Weight control”; EFSA health claim ID 2922: “Inulin/oligofructose from chicory” and “Satiety”;
EFSA 3951 "native chicory inulin contributes to normal bowel function by increasing stool frequency”
c/- Recipients of FTC's Notice of Penalty Offences Concerning Substantiation of Product Claims (updated 13Apr23) including, among others, Amazon.com Inc

INGREDIENTS: Fruit and Vegetable Powders (Yeast Reduced Grape, Cert. Organic Carrot, Rice Dextrins, Cert. Organic Chicory Root, Cert. Organic Lemon, Fruit Pectins)
NUTRITIONAL INFORMATION: Reconstituted with 30% to 31.5% [*] water
Serving size 1 tbsp 2.3oz (10g); Servings Per Container 30
Energy 101KJ (24Cal); Protein, total - less than 1g; Protein, gluten - 0g; Fat, total - less than 1g; Fat, saturated - less than 1g; Fat, trans - 0g; Cholesterol 0g; Carbohydrate, total - 5.1g (3%DI); Carbohydrate, sugars - 3.0g; Dietary Fiber 1.5g (12%DI) [soluble fiber 1g (8%DI)]; Inulin 1.3g; Sodium less than 5mg; Potassium 8mg; Calcium 2mg; Iron 0.05mg; Vitamin D 0mcg
Abbreviations: The % Daily Intake (%DI) or 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.

USDA Database for the Choline Content of Selected Foods (release 2, 2008)
Jams and preserves, includes fruit spreads (NDB 19297) Total Choline 10.2mg/100g;
Betaine 0.1mg/100g
USDA Database for the Flavonoid Content of Selected Foods, Release 3.3 (2018)
Jams and preserves, includes fruit spreads (NDB 19297) n/a
Jams and preserves, grape (NDB 99368) low mg/100g of flavones and flavonols present
Retention description “Fruits dried (reheated)”; retention code “0257” copper 100% (ref: USDA Table of Nutrient Retention Factors, Release 6)

Copper: indicative (non-identical) ingredient sources (per 100g): Grape, red, (raisin), seedless (FCDB ID L161) 0.33mg (RDI 11%); Rice, brown (FCDB ID E1079) 0.25mg (RDI 8%); Carrot, raw (FCDB ID X1114) [low] 0.03mg [high 1.8mg USDA Phytochem]; Chicory roots, raw (FDB ID 11154) 0.077mg; Lemon, raw (FCDB ID L92) 0.26mg (RDI 9%); Pectin (FDC ID 19310) 0.42mg (RDI 13%)
c/- Jams and preserves (NDB 19297) copper 0.1mg/100g; Jams and preserves, grape (NDB 99368) n/a; Jellies, grape (NDB 99406) n/a
Copper (recommended daily intake (RDI): 0.9mg or 900mcg): contributes to normal: connective tissue structure, energy production, neurological function, skin and hair colouration, iron transport and metabolism, immune system function and cell protection from free radical damage (ref: FSANZ)
Copper is an “essential mineral”. People with celiacs, coeliacs disease, or those who maintain a gluten-free diet, are considered a group “at risk of copper inadequacy”. Also people with Menkes disease (MNK), a rare X-linked recessive disorder (more common in males), and people taking high doses of zinc supplements are more at risk of copper inadequacy (ref: NIH Copper Fact Sheet for Health Professionals)

Country of Origin: Made in NEW ZEALAND using several grown in NEW ZEALAND bio ingredients
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. And 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
Availability: An EATRIGHT® Online Shop Only Product, shipping ~30% less water/liquid content/weight
Address: PO Box 1525 [Level 1, 6 Church St], Nelson 7040, NEW ZEALAND
Packaging: Tamper-proof double seal, easy open, resealable 'zip'. Home compostable degradation enjoys a companion mix of micro-organisms, moisture, heat and oxygen
Shelf life: 12 months or more, since use of "best before" labels which do not necessarily mean throw away after
Brand: EATRIGHT® is registered in international classes 30, 29 and 5 (IC 5 includes US class 6 "chemicals and chemical compositions" as well as US class "medicines and pharmaceutical preparations") not IC5 (A0341, A0342) Anti-rheumatism bracelets and rings ("wearing...copper bracelet did not appear to have any meaningful therapeutic effect" ref: PMID 24066023 pub. 16Sep13), USPTO 75821313 "jewelry…magnet for use in magnetic therapy" (merger wholepeople.com 5Feb03; archive 28Nov99 bottom WFMI), “magnets…scan properly” (ref: 2:13-cv-02174 WFM019228) or USPTO 3690189 "bracelets of precious metal".

[1] See Internet archive "eatright.co.nz/products" "jam: carrots [plural]" pub. 18Jan07, 2:13-cv-02174 dkt 26 id 8 and also "if something was new, it didn't have to be perfect" (ref: The Bakeoff by M. Gladwell pub. 05). However, it is a debut appearance "in" shop.eatright.co.nz. Another further variation in this "innovative foods", "mixed prepared / preserved fruit, inc. sweetened" category was the EATRIGHT® Plum & Carrot Spread. Trial batches were produced and loaded (ref: 2:13-cv-02174 dkt 26-3 "global", also "MA" region "looking forward to adding this unique line in the set...9421001131134" (email 4Jul07; emphasis added)). It had slightly different nutritional profiles ie dietary fiber 5g/serving (RDI 19%), soluble fiber 3g/serving (RDI 10%) et al. It could also be reformulation to a reconstitute-able version (plums, dried (prunes), dehydrated (low-moisture): copper 0.611mg/100g (RDI 19.6%), water 4% (ref: NDB 9289)).

[2] "It was who won and why the decisive edge…lateral connection between two previously unconnected objects" (ref: The Bakeoff, by Malcolm Gladwell, The New Yorker pub. 5Sep05). Lateral connections include "Bill Barber, Pirkey Barber" the "registrant" of wholefoodswellnessclub.com, wholefoodswellnessclub.co.uk (ref: email 26Sep11; USPTO 85327696 potential opposer(s) 1st Eat Right Foods Ltd, 2nd The Great Atlantic & Pacific Tea Company, Inc). But USPTO 74584371 [registrant WFMI] submitted 11Oct94 by William G. Barker, Arnold, White & Durkee. William G. Barker, Pirkey Barber PLLC represented Frito-Lay North America ["tortilla-chip's topical seasoning" c/- "cobbler [coble n. kinds of fishing boat] cookie-dusting", "Project Delta"] opposing USPTO 78405596 (supplemental register) "spent millions fighting Frito-Lay [Pirkey Barber]…just kept it going to try and bleed us" (ref: Perry AbbenANTE email 16Feb13, ex VP Marketing Snack Factory LLC, Princeton Vanguard also ex "Whole Foods Market senior global grocery director Perry AbbenANTE…meeting successful…exporters including…Eat Right Foods…fantastic products…impressed by the innovative products and packaging” (ref: 2:13-cv-02174 dkt 111-10 p9)). van n. (arch) winnowing machine [FAN]; ante- [L ante before]; vanguard (rhet.) advance guard [AD...] (ref: ed.4 OX Dict). Where Vanguard Group (not Princeton Vanguard), the possible one "pushing for changes, sale of [WFMI] company" (ref: Reuters pub. 5Nov16; "passive" to "active" requires HSR Act filing ("Antitrust Without Effect" by Wick et al pub. 11Nov24)), had "the most at stake, gaining a reported $276 million increase in just one day" (ref: "Vanguard makes out big…" by Marielle Mondon pub. 19Jun17)

[3] "Store brand" sales increased 12.3% (2011-2020) included in "top three" representing over 71% (2020) of the "most eaten brands of jams, jellies and preserves in the US" (ref: Statista). But, since Smucker's (NYSE:SJM; Vanguard Group currently the largest shareholder) discontinued Knott's Berry Farm (s[ch]muck sl. foolish) the top 3 are possibly as high as 75% (2024). “2008, sales of private-label food and other consumer products increased 10 percent, compared with 3 percent growth for branded products [aggressive private label push by Whole Foods]” (ref: Industry Dynamics, “Leveraging growth…” by PWC Analysis pub. Aug09; [10Mar15]) use of anti-competitive "tactics to thwart".

[^] Where "HOPE" is the common thread (ref: Fifty-Six HOPE Rd. Music, Ltd. v. Jammin Java 9th Cir. Appeals Court case 17-56245 provided 9Jan19). And "Ninth Circuit law, willful infringement exists when a defendant knows it is infringing or acts in reckless disregard or willful blindness to the fact that it is infringing" (ref: Fifty-Six HOPE Rd. Music, Ltd. v. A.V.E.L.A., Inc., 778 F.3d 1059, 1074 (9th Cir.) in 9th Cir. Appeals Court 18-35473 [emphasis added]).

[*] “In an oligopolistic industry with a few dominant integrated companies…the acquisition…though adding but 1.3% to [market] share…would, in the framework of this industry, likely result in a substantial reduction of competition” (ref: US v. Aluminium Co. 377 U.S. 271, 280 (1964) id 2 (b), (d)). And insulate to separate or detach, to separate in order to prevent a transfer; bare unclothed, uncover (ref: Wiktionary)

[^^] Refer also to "GS1 US Antitrust Compliance Policy" (ref: 2:13-cv-02174 dkt 38-2 the very bottom "…| Antitrust Policy |…"). And the GS1 barcoded samples sent (ref: 2:13-cv-02174 dkt 26-2 p5) included "9421001131141". The 10.6oz samples included "copper" (Pantone® color) elements in the wrap around sleeve made from card. Where detail in gs1us.org/antitrust-policy includes "violations…

[^^^] An “unusual merger case in that it is neither a horizontal nor a vertical merger…nor is it a product extension merger… [where] Kennecott on the edge of the market" (ref: Kennecott Copper Corp v. FTC 467 F.2d 67 (10th Cir. 1972). Cobble n. (pl.) coals of c. size (ref: ed.4 OX Dict). Copper finalized, for the first time, as a "critical mineral for powering data centers" it situation was “underway before [bleaching (v. whitening, loss or removal of part) of Pinus strobus [386 U.S. 568 (1967)] c/- kahikatea Dacrycarpus dacrydioides] loss problem….now that this threat has emerged…cannot take a full-speed ahead, damn-the-torpedoes approach” (ref: 665 F.3d 1015 (2011)). But “pattern of behaviour…these firms view themselves as above the law…treat lawbreaking as a cost of business” (ref: Majority Staff Report...Subcommittee on Antitrust, Commercial, and Administrative Law, 117 Congress 2d Session p12. (1st ed. Oct’20))