Friday Fun Fact: Nix v. Hedden, or Why Tomatoes Are Vegetables

I think, at some point in all of our lives, we have stopped to ask ourselves, are tomatoes really a vegetable? Don’t they seem more like a fruit? Clearly, their seed bearing structure and the fact that it grows from the flower bearing portion of the plant would indicate it is, in fact, a fruit.

The Tarriff Act of 1883 required a tax on all imported vegetables, which, naturally, upset those who were importing fruits and vegetables, including John Nix, John W. Nix, George W. Nix, and Frank W. Nix, who filed suit against Edward Hedden, the Collector of the Port of New York in Nix v. Hedden 149 U.S. 304.

The plaintiffs argued that the taxes levied against the imported tomatoes were not justified under the Tariff Act, and cited definitions from, among other sources, Webster’s Dictionary, to justify the classification as fruit, and brought in expert witnesses to testify on behalf of this classification.

On the other hand, the defense’s argument centered around the common usage and popular perception of the tomato. This argument primarily centered around the use of tomatoes in the main course of a meal, rather than as a dessert.

After careful deliberation, the Supreme Court decided on May 10, 1893 that, despite the botanical classification as a fruit, tomatoes are, in fact, vegetables.