Judge Says Burrito Is Not A Sandwich

Here is an interesting example of the law and business - a judge had to decide if a burrito could legally be considered a sandwich - for the purposes of a contract.

It turns out that Panera Bread Company had one of its restaurants in the White City Shopping Center, in Shrewsbury, Mass.  Panera's lease contains a clause that prevents the shopping center from renting space to another sandwich shop.

When a Qdoba Mexican Grill wanted to open, Panera tried to stop them by invoking the clause.

Panera argued that a flour tortilla is bread, and anything with bread and filling is a sandwich.

Qdoba (owned by Jack in the Box) called food experts to testify that a burrito is not a sandwich.

Finally, the judge, citing Webster's Dictionary, a chef, and former high-ranking federal agriculture official, ruled that Qdoba's offerings are not sandwiches.

He ruled that a sandwich is two slices of bread - not something made from one tortilla.