French Fries Ruled to be “Fresh Vegetables”

french fries

Nothing better than wholesome "fresh vegetables."

Great news for the diet-conscious. Frozen batter-dipped french fries are a “fresh vegetable” under the Perishable Agricultural Commodities Act, according to U.S. District Judge Richard Schell, Beaumont, Texas. And so are cheeseburgers!

Kidding about the cheeseburgers, but it’s true about the french fries. Although the court did not explicitly rule that french fries are fresh vegetables, that’s the legal effect of the opinion.

The ruling applies only to commerce, not nutrition, regulations, which focus on assuring buyers of agricultural commodities that they are getting what they paid for.

— Fleming Companies, Inc. v. U.S. Dep’t of Agriculture, 322 F.Supp.2d 744 (E.D. Tex. 2004). Thanks to Melanie Ware.

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Andrew Jay McClurg is a law professor whose teaching and research interests include tort law, products liability, legal education, privacy law and firearms policy. He holds the Herbert Herff Chair of Excellence in Law at the University of Memphis Cecil C. Humphreys School of Law.
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