Burrito is not a sandwich, judge rules in food fight

[one...two...tree 2,762]

Associated Press

WORCESTER, Mass. - 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."

http://www.azcentral.com/offbeat/articles/...dwich10-ON.html

Edited November 12, 2006 by Steven_and_Jinky

[Tim and Bethanie 1]

Sheesh what is Panera worried about? If I want Mexican I am not gonna go to a sandwich shop and vica versa.

[one...two...tree 2,762]

Sheesh what is Panera worried about? If I want Mexican I am not gonna go to a sandwich shop and vica versa.

They want less lunchtime competition.

[Jersey Girl 2]

It's not about the dictionary definition of a sandwich. It's about the 12 million people who are Latinos, a group that has changed the culture for everyone. A burrito sounds tastier than a sandwich. A burrito is more exotic and spicey than a boring BLT. Paneras is right to be scared. Hungry shoppers may start off walking toward a sandwich cafe but if they see a burrito sign on the way, will head for that instead.

[Tim and Bethanie 1]

This strip mall would be a strain on the hubby, he loves Panera's soups and breads but also has a new love for Mexican cuisine. Our waitress Friday night ask him why he wasn't getting his usual Fajita , he is quite the regular now. I don't think you can compare the two.

[Mr. Big Dog 10,747]

So, we leared two important things:

1) A burrito is not a sandwich - I am most grateful that we got this one cleared up

2) Panera bread feels it cannot compete on merit - that's good to know, too

[CarolineM 0]

3. Our legal system is tied up in meaningless trials like this one...

[one...two...tree 2,762]

So, we leared two important things:

1) A burrito is not a sandwich - I am most grateful that we got this one cleared up

2) Panera bread feels it cannot compete on merit - that's good to know, too

3) Be sure to read over your lease contract and make sure not to leave anything uncertain, like 'no mexican food' vendors nearby before you sign it.

3. Our legal system is tied up in meaningless trials like this one...

Very true. The bulk of frivolous suits come from corporations bickering over such things... competition makes them nervous.

[Reba 2]

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.

by that definition, if a falafel place had tried to open, Panera would have to block them because hummos and chick peas in a pita is too much competition. Or if an Italian had tried to open a manicotti and ravioli restaurant...or a Chinese had tried to open a dumpling kiosk...sheesh...where's the competitive American spirit now eh? Oh noooo, competition is moving in, whatever will we doooooo?

bleah...I'd eat at the Mexican place just to spite Panera. Gits.

[dani_christine 0]

hmm...we have one of those qdoba restaurants here...and reading this story made me google 'em to check out the menu. it looks pretty darn good...lots of vegetarian stuff to choose from! i think i'll try it out!

[I'm Gone 60]

Having ate at both Panera is where I would be going and I agree that a burrito is not a sandwich.

[Alex+R 0]

The Q-Dobe is AWESOME. Many a drunken college evening spent there. Still better than the Chipotle.

[Fandango 1,439]

I can understand Panera's problem...the shoppping center is playing semantics.

As a previous businessperson in the salon industry, I can say that we had always locked the landlords into exclusive clauses in the lease. You're putting your money building a space that is in actuality, not yours, therefore the shopping center shouldn't be trying to be a rent piggy by slitting your throat.

Sandwich, burrito, whatever.....it's bollocks

[Jenn! 918]

This was on the news last night here. They were debating sandwich vs. burrito, and then wrap got thrown in there too for some reason. I think wraps are sandwiches, but not burritos.

What an interesting debate!

[one...two...tree 2,762]

I can understand Panera's problem...the shoppping center is playing semantics.

As a previous businessperson in the salon industry, I can say that we had always locked the landlords into exclusive clauses in the lease. You're putting your money building a space that is in actuality, not yours, therefore the shopping center shouldn't be trying to be a rent piggy by slitting your throat.

Sandwich, burrito, whatever.....it's bollocks

But do you think Panera would be complaining if it were a Hot Dog-On-A-Stick or Chinese Noodle place? IMO, they should have been smarter about what the lease agreement said. Maybe they should sue their own lawyer for incompetence? B)

This was on the news last night here. They were debating sandwich vs. burrito, and then wrap got thrown in there too for some reason. I think wraps are sandwiches, but not burritos.

What an interesting debate!

OH That is interesting. Hmmmm... Still, I think the error was in the wording of the lease. If they were concerned about a direct competitor (another sandwich shop) then it should have been more specific as to what they consider a direct competitor.