Maybe I'm mistaken, but isn't it a product sold before whatever, 2007, in the US, not just limited to retail consumers?
Not only is it NOT limited to retail consumers, it doesn't have to be sold at all - just 'commercially marketed in the US.' - per my link:
- dated copies of advertisements
- dated catalog pages
- dated promotional material
- dated trade publications
'in the US' may have some considerations that they didn't mention - iow, if it was on the internet where US wholesalers and consumers had access, does it have to include info on shipping to the US, etc., etc....