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This argument has had legal implications in the United States. In 1887, U.S. tariff laws that imposed a duty on vegetables but not on fruits caused the tomato's status to become a matter of legal importance. The U.S. Supreme Court settled the controversy on May 10, 1893 by declaring that the tomato is a vegetable, based on the popular definition that classifies vegetables by use, that they are generally served with dinner and not dessert (Nix v. Hedden (149 U.S. 304)). The holding of the case applies only to the interpretation of the Tariff Act of March 3, 1883, and the court did not purport to reclassify the tomato for botanical or other purposes other than for paying a tax under a tariff act.

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