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| YJCMTSU: Is a Burrito a Sandwich? Judge Says No | |
| 2006-11-11 | |
| Now for some important stuff... WORCESTER, Mass. (AP) - Is a burrito a sandwich? The Panera Bread Co. bakery-and-cafe chain says yes. But a judge said no, ruling against Panera in its bid to prevent a Mexican restaurant from moving into the same shopping mall. Panera has a clause in its lease that prevents the White City Shopping Center in Shrewsbury from renting to another sandwich shop. Panera tried to invoke that clause to stop the opening of an Qdoba Mexican Grill. But Superior Court Judge Jeffrey Locke cited Webster's Dictionary as well as testimony from a chef and a former high-ranking federal agriculture official in ruling that Qdoba's burritos and other offerings are not sandwiches. The difference, the judge ruled, comes down to two slices of bread versus one tortilla. "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," Locke wrote in a decision released last week. In court papers, Panera, a St. Louis-based chain of more than 900 cafes, argued for a broad definition of a sandwich, saying that a flour tortilla is bread and that a food product with bread and a filling is a sandwich. Qdoba, owned by San Diego-based Jack in the Box Inc., called food experts to testify on its behalf. Among them was Cambridge chef Chris Schlesinger, who said in an affidavit: "I know of no chef or culinary historian who would call a burrito a sandwich. Indeed, the notion would be absurd to any credible chef or culinary historian." Whew! I'm glad that's settled - so many sleepless nights... The tough decisions must be made, no matter the cost.
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| Posted by:.com |
| #16 Jesus H. Christ. I think the losers on this kind of lawsuit ought to have to perform 500 hours of community service in a thong and a dunce cap. In the winter. |
| Posted by: gorb 2006-11-11 23:37 |
| #15 Next lawsuit: Why are they called French Fries when they didn't come from France? "This is the greatest case of false advertising I've seen since I sued the movie The Never Ending Story." [/L. Hutz] |
| Posted by: Zenster 2006-11-11 22:18 |
| #14 Rantburg is indeed an institute of higher education. Today I learned 2 important things that will stay with me for a long time: First, it takes 2 slices of bread to make a sandwich (been doing it right without any adult supervision for over 50 years now) and 2) Qdoba is owned by Jack in the box; that now gives me a reason to not frequent Qdoba. Next lawsuit: Why are they called French Fries when they didn't come from France? |
| Posted by: USN,Ret 2006-11-11 21:09 |
| #13 Jeez, this is embarrassing. Definitely a bad PR move on their part. I live about 1/2 mile from the Panera in question. There's already a Moe's burrito restaurant and a Taco Bell(ch) - both, literally, a stone's throw from the Panera. Another burrito shop would only compete with them and not with Panera - completely different menu. What the hell were they thinking? |
| Posted by: xbalanke 2006-11-11 20:37 |
| #12 Jelly doughnuts under investigation. |
| Posted by: wxjames 2006-11-11 20:01 |
| #11 Speaking of smooth moves, did the printers make a mistake when typing up their letterhead, and the company decided it would be cheaper to change their name than to get new letterhead? Nah. It was just one of the last remaining five-letter combinations that is vaguely pronouncable and still available for trademarking. |
| Posted by: Zenster 2006-11-11 16:02 |
| #10 My boyfriend read me this from the paper. I can't figure out what Panera was thinking ("This'll be really good for public relations!"). Maybe they figured, "If we can pull this one off, we can rule the world!" After all, there are very few restaurants that don't sell something at least vaguely sandwich-like. Morons. A Panera recently opened up near us, and we were keen to give it a try. Not so much now. Smooth move, guys. Qdoba Mexican Grill Speaking of smooth moves, did the printers make a mistake when typing up their letterhead, and the company decided it would be cheaper to change their name than to get new letterhead? |
| Posted by: Angie Schultz 2006-11-11 14:07 |
| #9 *snort* Jackal lol! |
| Posted by: Frank G 2006-11-11 11:06 |
| #8 These lawsuits are why many of us have been calling for tortilla reform. |
| Posted by: Jackal 2006-11-11 10:55 |
| #7 The difference, the judge ruled, comes down to two slices of bread versus one tortilla. By that standard, anything that doesn't split the bread completely is not a sandwich. |
| Posted by: Rob Crawford 2006-11-11 08:59 |
| #6 That and a pack of ketchup and you've got your three squares. |
| Posted by: Excalibur 2006-11-11 08:25 |
| #5 now a Torta..... |
| Posted by: Frank G 2006-11-11 07:19 |
| #4 I bet Panera's lawyers word future contracts a bit differently. |
| Posted by: GK 2006-11-11 05:32 |
| #3 I guess enchiladas are cornbread now |
| Posted by: badanov 2006-11-11 02:12 |
| #2 Doc - whatever floats your burrito, bro, lol. |
| Posted by: .com 2006-11-11 01:48 |
| #1 Qdoba, owned by San Diego-based Jack in the Box Inc., called food experts to testify on its behalf. Said experts declined to testify unless they were allowed to wear a brown paper bag over their head. Subsequent investigation found that Panera's product did not qualify as a sandwich either. |
| Posted by: Zenster 2006-11-11 01:44 |