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The Court—whose unanimous decision was delivered by Justice Horace Gray—held that as the words “fruit” and “vegetables” had not acquired any special meaning for trade or commerce, they must receive their “ordinary meaning.” This meant that, even though Nix’s counsel used dictionaries to argue that tomatoes fit the botanical definition of a fruit, they were not so considered “in the common language of the people.”
I think now, with the internet, it's fairly common knowledge that tomatoes are a fruit. So someone should get the Supreme Court to appeal this travesty of a decision.
That would have far reaching consequences, with ketchup being statutorily designated as a vegetable for school lunch purposes.
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MAHA!
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