CLOSE
Original image

Are Tomatoes Fruits or Vegetables?

Original image

Here's a scene you'll probably see this summer: you'll be at a barbecue or picnic, enjoying nice, fresh in-season tomatoes, and you might make an offhand comment about tomatoes being your favorite vegetable. Almost immediately, some know-it-all will pipe up with, "Tomatoes are fruits, not vegetables!"

No one would blame you if you told your pedantic guest, "Wow! Thanks for correcting me! It's clear now why everyone enjoys your company so much!" That response is a bit aggressive, though, so try this one instead: "Actually, according to the Supreme Court, tomatoes are vegetables. I'm just trying to keep this picnic nice and legal."

Yes, the Supreme Court has weighed in on the "Are tomatoes fruits or vegetables?" debate, and the justices came to a firm conclusion: tomatoes are veggies. Let's take a look at how this momentous decision came to pass.

The Trouble with Tariffs

Like a lot of American' history, the great tomato debate was the product of a tariff.

In March 1883, Congress passed a new tariff act that put a 10-percent import duty on any whole vegetables brought into the country. The new tariff didn't really cause any hullabaloo until the produce-importing Nix family tried to bring a load of tomatoes from the West Indies into New York. The collector of the port of New York, Edward L. Hedden, charged the Nixes the 10-percent duty on their tasty wares despite their angry protests that tomatoes were fruits, not vegetables. Hedden refused to classify the offending tomatoes as fruit, so the Nixes sued him to recover their tariff duties.

Ripening Justice

Botanically, the Nix family had an airtight case. Tomatoes fit the bill of being the fleshy ripened ovaries of a plant, which makes them fruits. Legally, things weren't quite so open-and-shut, though. The Nixes' efforts to be reimbursed for the tariff duties kicked off a six-year legal battle that ended with arguments before the Supreme Court in 1893. The Nix family's lawyer read the Justices the definitions for "fruit," "vegetable," and "tomato" from various dictionaries and even called in expert testimony from fellow produce merchants on whether the grocers thought tomatoes were fruits or vegetables.

The defense used many of the same tactics in its efforts to convince the justices that tomatoes were indeed vegetables. The defense counsel went to the dictionary for definitions for "squash," "pepper," "eggplant," and "cucumber." The defense's argument was pretty simple: sure, tomatoes were biologically a fruit, but for the purposes of trade and commerce—that is, the things covered by the Tariff Act of 1883—tomatoes were really vegetables.

The Court Rules

When faced with this information, the Supreme Court unanimously found that tomatoes were vegetables. Justice Horace Gray admitted in his decision that while tomatoes were technically the fruit of a vine, they were always served "at dinner in, with, or after the soup fish or meats which constitute the principal part of the repast, and not, like fruits generally, as dessert." In other words, unless people wanted to start capping a meal with tomato ice cream, tomatoes were for all intents and purposes vegetables and could be taxed as such. The Nix family wasn't getting its import duties back.

Sound strange? Here's something that's even weirder: the Supreme Court actually had a precedent for a very similar issue. In his decision Justice Gray referenced a previous Supreme Court case, Robertson v. Salomon, in which Justice Joseph P. Bradley had written the opinion that beans were vegetables rather than seeds. In that 1892 decision, Bradley rebuffed the notion that beans were seeds:

"We do not see why they should be classified as seeds, any more than walnuts should be so classified. Both are seeds, in the language of botany or natural history, but not in commerce nor in common parlance. On the other hand in speaking generally of provisions, beans may well be included under the term 'vegetables.' As an article of food on our tables, whether baked or boiled, or forming the basis of soup, they are used as a vegetable, as well when ripe as when green. This is the principal use to which they are put."

Tomatoes-As-Veggies Lives On

At first glance, the Nix v. Hedden decision sounds like a Gilded Age curiosity, but the whole "tomatoes are a vegetable" notion still pops up from time to time. In 1981 the Reagan administration was searching for ways to cut school lunch costs while still providing students with the full nutritious lunch consisting of milk, meat, bread, and two servings of vegetables. USDA bureaucrats hit on the idea of counting ketchup as one of the servings of vegetables under the logic that ketchup was cheap and kid-friendly.

As you might imagine, parents and the media weren't so keen on the idea of counting a smear of ketchup on a burger as eating your vegetables. The proposition enraged parents and nutritionists alike, and the administration quickly scrapped the plan.


In 2005, Nix v. Hedden came back into the news in New Jersey. The Garden State is nationally known for its delicious tomatoes, and lobbyists have used the Supreme Court's vegetable ruling in their efforts to get the tomato named the state vegetable. Arkansas had earlier decided to play both sides of the debate in 1987 when it passed a single bill declaring the South Arkansas Pink Vine Ripe Tomato both the official state fruit and the official state vegetable. Tennessee and Ohio, on the other hand, have pleased botanists by making the tomato their official state fruits.

Original image
Michael Campanella/Getty Images
arrow
Lists
10 Memorable Neil deGrasse Tyson Quotes
Original image
Michael Campanella/Getty Images

Neil deGrasse Tyson is America's preeminent badass astrophysicist. He's a passionate advocate for science, NASA, and education. He's also well-known for a little incident involving Pluto. And the man holds nearly 20 honorary doctorates (in addition to his real one). In honor of his 59th birthday, here are 10 of our favorite Neil deGrasse Tyson quotes.

1. ON SCIENCE

"The good thing about science is that it's true whether or not you believe in it."
—From Real Time with Bill Maher.

2. ON NASA FUNDING

"As a fraction of your tax dollar today, what is the total cost of all spaceborne telescopes, planetary probes, the rovers on Mars, the International Space Station, the space shuttle, telescopes yet to orbit, and missions yet to fly?' Answer: one-half of one percent of each tax dollar. Half a penny. I’d prefer it were more: perhaps two cents on the dollar. Even during the storied Apollo era, peak NASA spending amounted to little more than four cents on the tax dollar." 
—From Space Chronicles

3. ON GOD AND HURRICANES

"Once upon a time, people identified the god Neptune as the source of storms at sea. Today we call these storms hurricanes ... The only people who still call hurricanes acts of God are the people who write insurance forms."
—From Death by Black Hole

4. ON THE BENEFITS OF TECHNOLOGY INVENTED FOR USE IN SPACE

"Countless women are alive today because of ideas stimulated by a design flaw in the Hubble Space Telescope." (Editor's note: technology used to repair the Hubble Space Telescope's optical problems led to improved technology for breast cancer detection.)
—From Space Chronicles

5. ON THE DEMOTION OF PLUTO FROM PLANET STATUS 

PBS

"I knew Pluto was popular among elementary schoolkids, but I had no idea they would mobilize into a 'Save Pluto' campaign. I now have a drawer full of hate letters from hundreds of elementary schoolchildren (with supportive cover letters from their science teachers) pleading with me to reverse my stance on Pluto. The file includes a photograph of the entire third grade of a school posing on their front steps and holding up a banner proclaiming, 'Dr. Tyson—Pluto is a Planet!'"
—From The Sky Is Not the Limit

6. ON JAMES CAMERON'S TITANIC

"In [Titanic], the stars above the ship bear no correspondence to any constellations in a real sky. Worse yet, while the heroine bobs ... we are treated to her view of this Hollywood sky—one where the stars on the right half of the scene trace the mirror image of the stars in the left half. How lazy can you get?"
—From Death by Black Hole

7. ON DEATH BY ASTEROID

"On Friday the 13th, April 2029, an asteroid large enough to fill the Rose Bowl as though it were an egg cup will fly so close to Earth that it will dip below the altitude of our communication satellites. We did not name this asteroid Bambi. Instead, we named it Apophis, after the Egyptian god of darkness and death."
—From Space Chronicles

8. ON THE MOTIVATIONS BEHIND AMERICA'S MOONSHOT

"[L]et us not fool ourselves into thinking we went to the Moon because we are pioneers, or discoverers, or adventurers. We went to the Moon because it was the militaristically expedient thing to do."
—From The Sky Is Not the Limit

9. ON INTELLIGENT LIFE (OR THE LACK THEREOF)

Perhaps we've never been visited by aliens because they have looked upon Earth and decided there's no sign of intelligent life.
Read more at: https://www.brainyquote.com/quotes/quotes/n/neildegras615117.html
Perhaps we've never been visited by aliens because they have looked upon Earth and decided there's no sign of intelligent life.
Read more at: https://www.brainyquote.com/quotes/quotes/n/neildegras615117.html

"Perhaps we've never been visited by aliens because they have looked upon Earth and decided there's no sign of intelligent life."

10. PRACTICAL ADVICE IN THE EVENT OF ALIEN CONTACT 

A still from Steven Spielberg's E.T. the Extra-Terrestrial
Universal Studios
"[I]f an alien lands on your front lawn and extends an appendage as a gesture of greeting, before you get friendly, toss it an eightball. If the appendage explodes, then the alien was probably made of antimatter. If not, then you can proceed to take it to your leader."
—From Death by Black Hole
Original image
Getty Images
arrow
entertainment
40 Fun Facts About Sesame Street
Original image
Getty Images

Now in its 47th season, Sesame Street is one of television's most iconic programs—and it's not just for kids. We're big fans of the Street, and to prove it, here are some of our favorite Sesame facts from previous stories and our Amazing Fact Generator.

Sesame Workshop

1. Oscar the Grouch used to be orange. Jim Henson decided to make him green before season two.

2. How did Oscar explain the color change? He said he went on vacation to the very damp Swamp Mushy Muddy and turned green overnight.

3. During a 2004 episode, Cookie Monster said that before he started eating cookies, his name was Sid.

4. In 1980, C-3PO and R2-D2 visited Sesame Street. They played games, sang songs, and R2-D2 fell in love with a fire hydrant.

5. Mr. Snuffleupagus has a first name—Aloysius

6. Ralph Nader stopped by in 1988 and sang "a consumer advocate is a person in your neighborhood."

7. Caroll Spinney said he based Oscar's voice on a cab driver from the Bronx who brought him to the audition.

8. In 1970, Ernie reached #16 on the Billboard Hot 100 with the timeless hit "Rubber Duckie."

9. One of Count von Count's lady friends is Countess von Backwards, who's also obsessed with counting but likes to do it backwards.

10. Sesame Street made its Afghanistan debut in 2011 with Baghch-e-Simsim (Sesame Garden). Big Bird, Grover and Elmo are involved.

11. According to Muppet Wiki, Oscar the Grouch and Count von Count were minimized on Baghch-e-Simsim "due to cultural taboos against trash and vampirism."

12. Before Giancarlo Esposito was Breaking Bad's super intense Gus Fring, he played Big Bird's camp counselor Mickey in 1982.

13. Thankfully, those episodes are available on YouTube.

14. How big is Big Bird? 8'2". (Pictured with First Lady Pat Nixon.)

15. In 2002, the South African version (Takalani Sesame) added an HIV-positive Muppet named Kami.

16. Six Republicans on the House Commerce Committee wrote a letter to PBS president Pat Mitchell warning that Kami was not appropriate for American children, and reminded Mitchell that their committee controlled PBS' funding.

17. Sesame Street's resident game show host Guy Smiley was using a pseudonym. His real name was Bernie Liederkrantz.

18. Bert and Ernie have been getting questioned about their sexuality for years. Ernie himself, as performed by Steve Whitmere, has weighed in: “All that stuff about me and Bert? It’s not true. We’re both very happy, but we’re not gay,”

19. A few years later, Bert (as performed by Eric Jacobson) answered the same question by saying, “No, no. In fact, sometimes we are not even friends; he can be a pain in the neck.”

20. In the first season, both Superman and Batman appeared in short cartoons produced by Filmation. In one clip, Batman told Bert and Ernie to stop arguing and take turns choosing what’s on TV.

21. In another segment, Superman battled a giant chimp.

22. Telly was originally "Television Monster," a TV-obsessed Muppet whose eyes whirled around as he watched.

23. According to Sesame Workshop, Elmo is the only non-human to testify before Congress.

24. He lobbied for more funding for music education, so that "when Elmo goes to school, there will be the instruments to play."

25. In the early 1990s, soon after Jim Henson’s passing, a rumor circulated that Ernie would be killed off in order to teach children about death, as they'd done with Mr. Hooper.

26. According to Snopes, the rumor may have spread thanks to New Hampshire college student, Michael Tabor, who convinced his graduating class to wear “Save Ernie” beanies and sign a petition to persuade Sesame Workshop to let Ernie live.

27. By the time Tabor was corrected, the newspapers had already picked up the story.

28. Sesame Street’s Executive Producer Carol-Lynn Parente joined Sesame Workshop as a production assistant and has worked her way to the top.

29. Originally, Count von Count was more sinister. He could hypnotize and stun people.

30. According to Sesame Workshop, all Sesame Street's main Muppets have four fingers except Cookie Monster, who has five.

31. The episode with Mr. Hooper's funeral aired on Thanksgiving Day in 1983. That date was chosen because families were more likely to be together at that time, in case kids had questions or needed emotional support.

32. Mr. Hooper’s first name was Harold.

33. Big Bird sang "Bein' Green" at Jim Henson's memorial service.

34. As Chris Higgins put it, the performance was "devastating."

35. Oscar's Israeli counterpart is Moishe Oofnik, whose last name means “grouch” in Hebrew.

36. Nigeria's version of Cookie Monster eats yams. His catchphrase: "ME WANT YAM!"

37. Sesame's Roosevelt Franklin ran a school, where he spoke in scat and taught about Africa. Some parents hated him, so in 1975 he got the boot, only to inspire Gob Bluth’s racist puppet Franklin on Arrested Development 28 years later.

38. Our good friend and contributor Eddie Deezen was the voice of Donnie Dodo in the 1985 classic Follow That Bird.

39. Cookie Monster evolved from The Wheel-Stealer—a snack-pilfering puppet Jim Henson created to promote Wheels, Crowns and Flutes in the 1960s.

40. This puppet later was seen eating a computer in an IBM training film and on The Ed Sullivan Show.

Thanks to Stacy Conradt, Joe Hennes, Drew Toal, and Chris Higgins for their previous Sesame coverage!

An earlier version of this article appeared in 2012.

SECTIONS

arrow
LIVE SMARTER
More from mental floss studios