In the 1892 U.S. Supreme Court case Nix v. Hedden, the court was tasked with determining whether a tomato should be classified as a fruit or vegetable under customs regulations. The plaintiff, John Nix of the New York-based produce company John Nix & Co., brought suit against Edward L. Hedden, Collector of the Port of New York to recover back duties paid under protest on tomatoes imported by his firm from Bermuda in 1886 and 1887. Under existing tariff laws at that time, duty was imposed upon vegetables but not fruits for import purposes. The justices unanimously decided that while botanically speaking tomatoes are indeed fruits (since they develop from flowers and contain seeds), in everyday language and usage they were commonly regarded as vegetables because they were usually served during dinner along with main courses rather than being eaten as dessert like most other fruits. Therefore, based on this common understanding rather than strict botanical classification, it ruled that tomatoes should be categorized as vegetables for purposes of tariffs.

In the Supreme Court case Nix v. Hedden, 1892, there was no recorded dissenting opinion. The court unanimously ruled that tomatoes should be classified as vegetables for tariff purposes, despite being botanically recognized as fruits. This decision was based on the common understanding and usage of the term "vegetable" in trade and commerce at that time rather than its botanical classification.