Monday, September 21, 2026

Question: Why did the U.S. Supreme Court once rule that a tomato is a vegetable?

Answer: Because of a tariff. An 1883 law taxed imported vegetables and let fruit in duty-free, so a New York produce importer named John Nix sued the customs collector at the Port of New York to get his money back, arguing that a tomato is botanically a fruit. The justices agreed that it is, then ruled against him anyway. Writing for a unanimous court in 1893, Justice Horace Gray said tomatoes are “usually served at dinner in, with, or after the soup, fish, or meats” rather than as dessert, so in the common language of the people, they are vegetables. You can read the full opinion here.