tomatoes were fruits, and so under the
regulations of the time, not subject to import
fees. The customs agent ruled that tomatoes
were vegetables and imposed a duty. A
majority of the Supreme Court decided that
tomatoes were “usually served at a dinner in,
with, or after the soup, fish, or meat, which
constitute the principal part of the repast, and
not, like fruits, generally as dessert.” Ergo
tomatoes were vegetables, and the importer
had to pay.
The Key Distinction: Flavor Why do we
customarily prepare vegetables as side dishes
to the main course, and make fruits the
centerpiece of the meal’s climax? Culinary
fruits are distinguished from vegetables by
one important characteristic: they’re among
the few things we eat that we’re meant to eat.
Many plants have engineered their fruits to
appeal to the animal senses, so that animals
will eat them and disperse the seeds within.