EATRIGHT® 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, certified organic and mature. And, like other EATRIGHT® SLOWDRIED™ 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…access to modern genetics…limited presence of major global pea diseases" (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: Pisum 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 [^^^], cryptoxanthins [^^^^]. Where marrowfat peas [canned, drained solids] are a source of (-)-Epigallocatechin 5.64mg/100g and (+)-Gallocatechin 4.33mg/100g (ref: USDA Flavonoid Content of Selected Foods (release 3.3, 2018; NDB No. 99022; but n/a FoodData Central).
Faba Beans (Vicia faba), also referred to as broad beans or fava beans, have been added to this "non-oilseed legumes (lower fat, higher fiber): pulses (dried, mature seeds)" mix (ref: A Call for Clarity…for Pulses by C. Diginger et al PMC8066616). Yet "pinto beans" (ref: 2:13-cv-02174 dkt 96 p10 ln 23), Novato store was NOT open Feb/Mar 2010, "kidney beans" (USPTO reg. 3932090 specimen 6Dec10 p5 where "PLU 5272" not PLU 95272) and "confusingly similar mark…salad bar, packaged and bulk food items…pinto beans, red kidney beans, chickpeas, lentils [exh B p11 "lentils" label v. "split peas" product]…organic peas [exh C p14 "peas" with "corn" contamination]…organic edamame…bean sprouts…and other food products [exh D p19 "split peas" label v. "whole almonds" product]" (ref: 4Apr12 letter where confusion "not just theoretical" and 23Feb12 "declaration" exhibits]).
Vulnerable vendor vendetta rather than vendee veneration for EATRIGHT® "source of fiber" and "EVERYTHING [emphasis added]…you have provided to the region” (ref: Safeway-Whole Foods Market-Safeway "officer, employee" ie 2:13-cv-02174 dkt 32-5 p5; dkt 26-5; subpoena duces tecum rule 30(b)(6) on Safeway (attachment A, id 1) defendant WFMSI and WFMPNI but WFMI excluded) where "less than 90% of Americans consume adequate amounts of dietary fiber…many achieve only 50% of the recommended intake". And, prior to proprietary treatment, "raw" data source (2,500-25,000ppm) of the drug L-Dopa (also produced by high cost 'total synthesis') with clinical use: antiparkinsons (ref: Tropical Plants Yielding Clinically Useful Drugs. by Farnsworth, N. R. & D. D. Soejarto. 1988. Global importance of medicinal plants (unpublished draft manuscript rev. 23)). Where "Parkinson's disease - the fastest growing [largely man-made, prevalence of pesticides] neurological condition on the planet" (ref: Prof. Bas Bloem presentation; The Press pub. 24Aug24).
The last ingredient on the list, will be plant origin tyndallized probiotics (postbiotics), due to the "improved digestive health" claims that are supported by clinical research Double-Blind testing.
This "value added" product is currently in an 'experimental' stage whilst common ground directives are sought on protein content [Nx5.36 for pea protein not "crude" Nx6.25 [***]] and test comparisons on "plant parts" (cert. organic pea leaf c/- fruit) using non-UHF methods (ie potential combinations of soaking, sprouting, fermentation, thermodynamics, hydrothermal, shearing, enzymatic [**] and/or phytochemical treatments) for soluble v. insoluble fiber improvements.
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”.
Where levee n. (U.S.) embankment against river floods; lever n. crowbar or other [trademark design code class 11] tool…fixed support (the fulcrum so power applied at a second point brought to bear on a weight or resisting force in contact with a third point (ref: OX Dict.). The EATRIGHT® unique design feature(s) include a pivot point on the "t" to emphasize NEW ZEALAND "terroir" advantages. And "leverage", for this product, includes the use of New Zealand's “dairy industry innovation and processing differentiation” (ref: Prof. Morison, University of Canterbury, NZIFST presentation), enzyme enabling (Massey University, Riddet Institute, F.E.A.T) expertise and “multiuse” options such as the “replacement of some fertilizers by fixing atmospheric nitrogen” (ref: (the Coriolis Report pub. Jun23). Where "organic agriculture [already] has a NO use of synthetic fertilizers. Soil fertility must be maintained or enhanced (as measured by soil carbon content)" (ref: 2022 Organic Sector Strategy) and growth in bio-"atmospheric" fixing actively encouraged.
- Good source of iron, magnesium [^^^^^], manganese, phosphorus, thiamine (vit B1), niacin (vit B3) and vitamin K (phylloquinone)
- Source of copper, potassium, riboflavin (vit B1), vitamin B6 and zinc
- Source of protein [***]
- Source of methionine (110-1,088ppm): improvement of protein quality, modulation of lipids metabolism
- Excellent source of dietary fiber
- Good source of protein
- Source of, at least, one billion CFU's
- Low sugar
- Sodium free
- GMO free, GE free
- Food, not pills or bitter pills, to swallow [****]
Country of Origin: Made in NEW ZEALAND with >90% from NEW ZEALAND's "bio-economy" 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”. And 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) that belongs to Eat Right Foods Ltd (USPTO reg. 3694692 et al) with possession of "superior" brand 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” … verbatim from WFMI’s annual report' (2:13-cv-02174 dkt 25 p18 footnote 2) with company growth by stealth and then a "killer acquisition" (ref: House Judiciary Digital Markets Report p6; also “Final Chance to Correct the Record Following a Series of Misleading Testimony and Statements” ref: DocumentID=4751). Where "store banner brands", from stealth acquisitions ("stores…since 1999" dkt 25 p6 ln 21-22), and assignments involving “Whole Foods Market Group, Inc * …
* Doing business as Whole Foods Market, Inc." (ref: 21:13-cv-02174 dkt 27-2) include
■ “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: Wild Oats merged with Alfalfa's Market [not Lucerne Foods Inc] in 1996. Yet "grasses & similar" include Medicago sativa (Alfalfa; Lucerne) is "New Zealand's largest crop" with "new uses beyond" cow feed but "tangled knot…“baked into” land prices" (ref: the Coriolis Report pub. Jun23) land "zones" ~$NZ15k/ha dairy, $NZ25k/ha carbon forests (ref: NZ Beef & Lamb) [unconstrained "offsets" c/- root problem "fixes"]]. Interestingly, the "Alfalfa's Market" acquisition added 13 [baker's dozen, 13] stores and three "Capers Community Market" natural foods stores, located in British Columbia ("Whole Foods Market Pacific Northwest, Inc. *" ref: dkt 27-2), were part of the acquisition (ref: Wikipedia; Bolder History Museum) …
■ “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 "capers" excluded); WFM’s 4th set of RFP included NZTE report, Toronto, CA (29May07); also “looking forward to having your cookies in the store . Cheers Nate” [Young not Nate Sutton, Assoc. Gen. Couns., Competition, Amazon.com, Inc "competitors include many large and well-known companies…Safeway [not Albertsons], and Kroger 109793/HHRG-116-JU05-Wstate-SuttonN pub. 16Jul19 and domiNATE, elimiNATE, alterNATE, discrimiNATE, termiNATE, desigNATE as well as hydrogeNATE (ref: 2:13-cv-02174 dkt 16 p4-5) bicarboNATE, germiNATE, origiNATE and NATE n. (sing.) buttock [L] (ref: OX Dict. deduction from pl./ural) or "half-arsed"] with signature “nathan.young@whole foods.com”, “Village at Park Royal, West Vancouver,BC Canada CA, V7T 2Z3” [5Jul07; gaps, no gaps: "whole foods.com", ",BC": anti-search-able]
■ “Ideal Market” USPTO reg. 2715350 of Wild Marks Inc (Wild Oats Financial Inc, Sparky Inc [not "Sparkey" as an "undeclared" acquisition], Wild Oats of Texas Inc) (see also FTC v. Whole Foods Market 548 F.3d 1028 (2008))
■ "GlutenFree Bakehouse" USPTO reg. 3816409 brand exclusion but "five bakehouse facilities" inclusion (ref: dkt 27-2 p10). See also "North Carolina" Gluten-Free Bakehouse opened 2004, closure 8Mar20 with impact 102 workers (ref: FoodBusinessNews.net pub. 14Jan20). Where "Perils of Ignoring History: Big Tobacco Played Dirty" such as Tuazon v. R.J. Reynolds Tobacco Co., 433 F.3d 1163, 1169 (9th Cir. 2006) dkt 25 p8; "Due Process. Tuazon, 433 F.3d at 1169" AND ("Reynolds"), a "North Carolina-based" corporation.
FOOTNOTE [5]: 5th letter of alphabet "E, e, e-, prefix" (3rd note in scale of C major) where
● USPTO TTAB 92048847 affidavits ZERO evidential EXHIBITS (dkt 5) produced by Eat Right Foods Ltd ONLY; U.S. v. Von's Grocery Co., 384 U.S. 270, 273 & n.3 (1966); "Vons" 8Apr97 acquisition
● USPTO TTAB 92049105 affidavits THREE prepared, TWO produced by Eat Right Foods Ltd ONLY; ‘multiple offender’ (ref: 20 F.R.D. 451 (N.D. Tex. 1957) evidentiary hearing)
● USPTO TTAB 77868068 evidentiary hearing ZERO v. "Nutritional Excellence LLC"; subsequent "stealth" acquisition (ref: 2:13-cv-02174 dkt 55-1 with "WFMI" due diligence dkt 149)
● USPTO TTAB 91202219 evidentiary hearing v. "Leville" where dkt 79 is important
● 2:13-cv-02174 dkt 25 p5 affidavits ONLY, "WFMI" evidentiary hearing ZERO; FTC v. Whole Foods Market Inc 548 F.3d 1028 (2008) evidentiary hearing but subsequent "stealth" acquisitions
FOOTNOTE [6]: At “Fancy Foods Show”, San Francisco, booth # 3131, New Zealand exhibitors included “free range eggs [Lana Cross from frenzs.com; now frenzeggs.co.nz] and Olivado avocado oil [not “O” Olive Oil or Multiple 3:2006-cv-1672] on our shelves as well” as EATRIGHT (USPTO registration cl. 30 on 17Jan06 but 76660246 application cl. 29 18May06) products. At that show, on 23rd January 2006 at 9.03am, Wendy Amaya, “Buyer/Purchasing Mgr”, from Safeway met with Rebecca Douglas-Clifford from Eat Right Foods Ltd. Although “please to settle the matter”, a reminder sent on 25Aug10 that Safeway “responsible for any warnings on its Eating Right labels”, amidst the consumer safety [shell] EGG recall. “That all the “EATRIGHT” products sold at Whole Foods Market stores [at that time] egg free” in comparison to “Eating Right Grade AA Large [not 100% genuine free range eggs from rural New Zealand] Eggs”. Where “egg breeders…lox and cream cheese purveyors” have been "encountered in real life" (ref: “Antitrust Reform” 65 Neb. L. Rev. (1986) p821) 2:13-cv-02174 dkt 27-13. See also "Farmers' Markets Protest Safeway Look-Alikes…such a practice would violate state law” (ref: Seattle-based radio station KUOW by Amy Radil pub. 1Jul10)
FOOTNOTE [7]: Where 3:08-cv-00213-WWE is of renewed interest. For example, dkt 1-3 "Safeway Inc", dkt 37 "Kroger" and dkt 126 p5 "“Eat Right America” was organized on May 18, 2006, and no longer operates" ... "discovery ruling" still 'reviewable pursuant to the "clearly erroneous" statutory standard of review. 28 U.S.C. § 636 (b)(1)(A); Fed. R. Civ. P. 6(a), 6(e) and 72(a); and Rule 2 of the Local Rules for United States Magistrate Judges'. Yet 2:13-cv-02174 dkt 55-1 p25 id 10.2 where "Eat Right America, LLC...considered an "Affiliate" of Seller and p42-43 "Owner Name Eat Right America, LLC". Where "unity of control" (ref: USPTO # 87722325 Priority Action 29Mar18), "unity of purpose or a common design...in an unlawful arrangement" footnote 62 "328 US 781, 783 (1946)" in Predatory Conduct… by D. Coull, VUWLR pub. 3Aug98). “Deep Down…” [Starkey] USPTO # 86076718, due-diligence by WFMI? (arsenic levels 11.7ppb, 12ppb '16; 3x other brands '20 ref: ChowHound pub. Sep24), “Deep Down Fresh” [GAIN] USPTO # 75875149 owner Procter & Gamble (386 U.S. 568 (1967)). And ‘Down Down’ (ref: “ACCC takes Woolworths and Coles to court over alleged misleading claims” (pub. 23Sep24)). Where "one purpose of the discount…to eliminate TBMPL [Tasman Bay Maritime Pilots Ltd; coy # 403925] and to send a "warning signal" to potential competitors…section 27 applied because a real and substantial purpose of the discount was to eliminate TBMPL (an "acute competitive threat"). PNL's [Port Nelson Ltd] awareness of the competitive threat and its determination to resist this threat were demonstrated by the tug tie" (ref: "Predatory Conduct..." VUWLR; NZ Commerce Act 2022 §17 combined §36a and §36; §10 (now incl. "covenants") c/- §27). And "tug tie" (ref: "Predatory Conduct..." VUWLR) c/- dark stores chilled "neckties" (ref: Four Corners by Elise Potaka et al 20Feb24). But all with "sharky” (shark like tendencies), “snarky” (critical, mocking, sarcastic), “snide remarks and snarky emails” counsel for defendants in USPTO TTAB 91202219 (ref: 10May12), "disparaging" (ref: 2:13-cv-02714 dkt 123) in "starkly" (unpleasant) situations requiring moral courage (unmoved by odium or ridicule (ref: OX Dict.)).
FOOTNOTE [8]: In “II. The Safeway Contract” id 16 “Safeway Inc., Albertsons…The Kroger deal” (ref: 3:08-cv-00213 dkt 55 p5) and “NO LEVERGAE…WHY DO I NEED LEVERAGE?" (3:08-cv-00213 dkt 55-2 p3). See also “FoodFlex™” (ref: 3:08-cv-00213 dkt 66-7 p6) but then ‘Safeway changed its website from a foodflex site to “foodflex mysimplenutrition coming soon”’ (email 3Mar12). The USPTO# 76675204 19Feb09 and 76675203 18Mar08 change to “my simple nutrition” USPTO# 85293293 12Apr11. With interesting resemblance from USPTO# 76660246 to 76978915 by adding "…ing …uniting flavor & nutrition". Where 2:13-cv-02174 dkt 149 due diligence then dkt 55-1 but id 3.7 (g) (ii) (F) “rights in discoveries”.
FOOTNOTE [9]: For USPTO TTAB 92049105, a third affidavit was prepared. It was produced in USPTO TTAB 91202219. The "Organic Green Grocer" also provided in 2:13-cv-02174 RFP # 51, one example of numerous feed-backs received from widely canvased "retail [recognition of our brand] customer survey" conducted by Eat Right Foods Ltd (on 12Mar07)...subsequent NPDs at "Natural Products Expo West". Where "market research…with Whole Foods…got many customer emails" (ref: "240:19-242:1" 25Jun14). Yet the subsequent "demo program...DOT tracker system" [c/- "DOT" Department of Transport; "RDC" Rural [anti-desert] Council; "Kiwi" New Zealander; "Bec[k]" rocket…eruca] imposed further "gatekeeper" restrictions, and costs, on invaluable "manufacturer" to consumer "customer" feedback to assist in lissom (a. lithe, agile (OX Dict) not "Blithedale, Ca 94941") innovations. “Despite their great importance, however, suppliers remain the MOST [emphasis added] neglected of the major stakeholders…Whole Foods Market provides a good example…blind spot…[abuse of market "POWER" used] to negotiate better deals…The distrust and FEAR [emphasis added] this created” (ref: 2:13-cv-02174 dkt 111-12 p2 but p113 and p117 of Conscious Capitalism book; “Conscious Capitalism Inc announces New Board Member…James D. White…senior level positions…Safeway Stores” pub. 23Jan16 prweb13177493.htm). See also “predation and exclusionary contracting fit squarely within antitrust’s orbit (pun intended) [n. eye socket]. Self-preferencing, on the other hand, is harder to police” (Hal Singer, The Sling pub. 8Aug24).
FOOTNOTE [10]: Sheer dominance of [bundling, tying] incontestables demonstrates "historical anomaly" [Gk an- not, homalos even] (ref: Colissis...going to spell this…incorrectly, I know it”) with monopolistic "take over" mentality (draft, 25Sep14). “Secure [EATRIGHT®] property rights are the surest motivation for productive effort and risk-taking…for innovation, ownership matters greatly…two stages of research and then one of development” (ref: Reinventing The Bazaar by John McMillian).
FOOTNOTE [11]: “SNAP peas” are an "UNdried non-oilseed legume" but both “dried and undried” are included in the (SNAP) “Supplemental Nutrition Assistance Program”. Where consumers at WFM stores could and did, purchase EATRIGHT® products using SNAP; “the entire prepared foods area was marked under [infringing] Eat Right trademark” (ref: 2:13-cv-02174 dkt 64-3 p4). See also “Plaintiff’s [Supplemental] Second Request for Production” including “sat down to a meal…Prepared Foods”. But “retailers misrepresenting themselves or circumventing disqualification in the application process can be a source of fraud…USDA-FNS does NOT [emphasis added] consider such sales or transfers of ownership to be bona fide” (ref: Errors and Fraud in the Supplemental Nutrition Assistance Program; Congressional Research Service R45147 crsreports.congress.gov/product/pdf/R/R45147) footnote 17: ‘“straw owner[ship]” is an individual who legally owns property, or has the legal appearance of owning [intellectual] property, on behalf of another individual, sometimes for a fee. Typically, such arrangements are conducted solely to hide the identity of the effective owner’. Where wholefoodswellnessclub.com and wholefoodswellnessclub.co.uk had the “same content/look as www.eatrightamerica.com” yet registrant 16Dec11 "Bill Barber Pirkey Barber LLP" ... “holding them for Whole Foods for six months after which they would be transferred” [straw buyer, straw agency issues]. Registrant on 11May12 was “Whole Foods Market, Inc" and also 2:13-cv-02174-RSM dkt 26-7.
FOOTNOTE [12]: “Statement of Eric French, Director of Grocery, Amazon…challenge of delivering perishable foods” (ref: Supplemental Nutrition Assistance Program transcript; serial # 114–3 part 4 http://agriculture.house.gov/uploadedfiles/114-03_pt._4_-_98359.pdf page 977-979) yet "main point of contact” has moved on from the compan[ies] [ie Sarno (WFM-Wicked) pub. n/a; French (AMZN-Deliveroo) pub. 27Apr22] , NOT [emphasis added] that he or she is unavailable to testify" (ref: 880 F.3d 1109 (2018) also 9th Cir. 15-35524 dkt 48-1 p20). Where food registration requirements (hospitality c/- production) at lower "risk level" [class 5, "barriers to entry"]
FOOTNOTE [13]: Despite evidence of actual online "shop.eatright.co.nz" purchases since 2001 (ref: 2:13-cv-02174 Request for Production No. 41 included "NB. "NZ Sales" includes Online Shop and Direct Mail (email, fax and phone) Sales to the USA and other countries"), there is ONE "Internet Archive" web site with "in-direct entries" ie via website embedded linkages on 4th July 2013. If you click on a product link, the product archive does date back to 16Jul11 but quickly blocks the EATRIGHT® header with "checkout / basket", "select currency" etc. A “blind spot” or interesting niche n. shallow recess…place among memorable persons [It.] (ref: OX Dict.). Where the direct "Internet Archive" entries only began on 26 March 2018 onwards. Hence, please refer to "Internet sales doubled every year until 2005" (ref: 15Apr08 evidence), USPTO TTAB 91202219 dkt 13 "Notice of Reliance No. 5" (c/- FTC Act § 5 and § 13) through to dkt 22 "Notice of Reliance No. 14" (pub. 25Sep12) and USPTO TTAB 92048847 dkt 5 exhibits (filed with answer) exhibit 14 "order number 5947", exhibit 15 "order number 49550". Also "before" Aug04 and "Whole Foods", sales to U.S. customers were nearly all via the online shop with "steadily one or two a month" (ref: 25Jun14 p37 of 2:13-cv-02174) but "predation" and "exclusionary contract[s]" both of which "fit squarely within antitrust" (The Sling pub. 8Aug24 also 15Nov23, 13Sept24 et al) have included "infringements", "lock-ins", "lock-outs".
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)
- [††] 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)
- 'User lock-in and un[der] police[d], potentially hazardous marketplace'
Amazon Still Has a Counterfeit [in print] Problem by The American Prospect pub. 29Aug24
- [^^^^^] Australian research links low magnesium levels [in conjunction with high homocysteine] to increased risk of chronic diseases
by Dhillon, V. S., et al. (pub. 2024). European Journal of Nutrition