Tomato avocados, and squashes of all kinds (such as zucchini and pumpkins) are all botanically fruit, yet cooked as vegetables. This has led to legal dispute in the United States. In 1887, U.S. tariff laws that imposed a duty on vegetables, but not on fruit, caused the tomato's status to become a matter of legal importance. The U.S. Supreme Court settled this controversy on May 10, 1893, by declaring that the tomato is a vegetable, based on the popular definition that classifies vegetables by use—they are generally served with dinner and not dessert ("Nix v. Hedden" (149 U.S. 304)). The holding
Norwich Pharmacal Co v Customs and Excise Comrs this, claiming that they had no authority to give such information. Norwich Pharmacal Co. brought proceedings against the Excise Commissioners, to force the Commissioners to disclose the names of the importers, which were the "Intended Defendants". In "Norwich Pharmacal Co. v Customs and Excise Commissioners" [1974] the House of Lords held that where an innocent third party has information relating to unlawful conduct, a court could compel them to assist the person suffering damage by giving them that information. The judgement is based on the 19th Century procedure known as the "bill of discovery". Lord Reid summarised what became known