Nix v. Hedden

The tomato, is it a fruit or is it a vegetable? Those of us that are logically minded would say fruit because by definition fruits are the products that bloom from a plant. Whereas vegetables are the other parts of the plant; root, stem, leaf, etc. Those of us that are practically minded would say vegetable because culinarily speaking tomatoes have more of a savory taste and are used most commonly in a side dish or main course. The truth of the matter is that both parties are correct.

Peppers, cucumbers, squash, and olives are all examples of fruits that are misclassified as vegetables on a daily basis. However, none of these products has ever had their classification argued in open court. The history of this case truly begins in 1839 when John Nix founded the John Nix and Co. Fruit Commission in New York City. Nix and Co. was one of the first companies to ship produce from Virginia, Florida, and Bermuda into New York. The ability to sell seasonal fruits and vegetables year round quickly made John Nix one of the leading produce markets in all of New York City.

Things only began to sour when President Chester A. Arthur signed the Tariff Act of March 3, 1883. This act required that a ten percent tax was to be paid on imported fresh vegetables. However, there was no provision for the taxation of imported fresh fruits.

In 1886 Nix and Co. began importing tomatoes from the West Indies. Edward L. Hedden was the tax collector for the Port of New York and he firmly believed that tomatoes were vegetables. Responsibly, he collected the ten percent tax on all of their shipments. Nix and Co. tried to protest this for the entire year but were not successful in getting the tax waived. They presented their case to the local courts on February 4, 1887. Their argument was that since tomatoes were, botanically speaking, fruits they deserved to have their taxes refunded.

Nix and his council cited the definitions for the words "tomato", "fruit", and "vegetable" as their only supporting defense. Hedden and his council used a similar approach and cited the words "pea", "cucumber", "squash", "eggplant", and "pepper". All of these are examples of botanical fruits that were culinarily classified and taxed as vegetables. No further evidence was submitted by either party. The courts at the local level sided with Hedden and dismissed John Nix's petition for the return of his taxes.

Outraged by the first verdict Nix and Co. took the case further and presented their argument to the Supreme Court in 1893. Nix and Hedden presented the same arguments before the Supreme Court Justices in April. After sixteen days of deliberating it was unanimously decided that the tomato is in fact both a fruit and a vegetable depending on the context in which it is being discussed. Botanically speaking, the tomato is a fruit of the vine. Legally speaking, the tomato is a vegetable due to the fact that it is eaten as a main course and not a dessert.

With the exception of John Nix, society had no reaction to this verdict. Tomatoes were being enjoyed as a dietary staple and no amount of argument would be able to change that. In my view, the classification of the tomato is irrelevant because it is the most versatile of all produce. They can be enjoyed fresh or cooked, sweet or salty, plain or dressed. They can be enjoyed in a Bloody Mary or in a sauce. Tomatoes are called for in the recipes for dishes from almost every culture in the world. What truly makes the tomato special is that it provides intellectual and dietary nourishment all in one serving.