November 10, 2006
Chicken redux: when is a burrito (not) a sandwich?
The November 10 Boston Globe reports a ruling from Worcester Superior Court Judge Jeffrey A. Locke, "ending, for now, a food fight between Panera Bread Co. and Qdoba Mexican Grill." Panera filed suit against the owners of the White City Shopping Center in Shrewsbury, Mass., claiming that a lease with Qdoba violated a 2001 agreement with Panera that restricted the mall from renting space to another sandwich shop. Panera argued for a broad definition of sandwich, saying a flour tortilla qualifies as bread, and a food product with bread and a filling is a sandwich. (And, they might have added, "chicken is everything except a goose, a duck, and a turkey.") The judge disagreed. "A sandwich is not commonly understood to include burritos, tacos, and quesadillas, which are typically made with a single tortilla and stuffed with a choice filling of meat, rice, and beans." A burrito is just a burrito, Qdoba's experts testified. For the full story, go here.
[Carol Chomsky, with thanks to 2L Nick Rogers at U of MN Law School for sending the story]
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