When used in such a way, guacamole becomes a value-added component to the finished product sold in restaurants. Mr. Ahmer also explained that there are advantages to using frozen guacamole instead of fresh guacamole. For instance, there is a consistency of colour, taste and texture because it is basically the same product year round. During cross-examination, Mr. Ahmer explained that guacamole is not a condiment, such as ketchup or mustard. According to Mr. Ahmer, guacamole can be distinguished from these products by the fact that, when served to customers, it is sold at an extra cost.
Condiments are usually free of charge.
Furthermore, guacamole may be eaten by itself, while products such as ketchup or mustard would not be, and a person would probably add more guacamole than ketchup or mustard on a hamburger or a sandwich, for example. Mr. Ahmer also explained that avocado pulp is not normally eaten by itself or used as an ingredient. Seasonings are added to the avocado pulp to make guacamole, which is the more popular product. The next witness, Ms. Valine, testified as an expert with respect to the composition, production, nutritional value and viscosity of guacamole and other products produced by the appellant. She described how guacamole is made.