WORCESTER. Mass. (AP) – Is a burrito a sandwich?
Panera Bread Co. says yes. But a judge said no in settling a food fight over the bakery cafe chain’s attempt to keep a Mexican restaurant from selling burritos in a Shrewsbury shopping mall.
Worcester Superior Court Judge Jeffrey Locke ruled that an exclusivity clause in Panera’s lease restricting the White City Shopping Center from renting to another sandwich shop doesn’t prohibit the mall from adding a Qdoba Mexican Grill.
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 shouldn’t be considered sandwiches, The Boston Globe reported Friday.
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.
The judge ruled against Panera’s request to halt Qdoba’s plans to move into the shopping center because Panera failed to stipulate that burritos and tacos be covered in the sandwich exclusivity clause.
Panera spokesman Mark Crowley declined to comment on the ruling to The Associated Press on Friday, and would not say whether the St. Louis-based chain of more than 900 bakery-cafes planned to appeal.
In court filings, Panera argued for a broad definition of sandwich, saying a flour tortilla is bread, and that a food product with bread and a filling is a sandwich.
In defending its case, 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.”
Judith Quick, a former division deputy director at the Department of Agriculture, said in her affidavit, “The USDA views a sandwich as a separate and distinct food product from a burrito or taco.”
The case was about more than just the definition of a sandwich, observers said.
Panera Bread, with 31 Massachusetts locations, is trying to fend off upstart Qdoba, which plans to build at least nine new stores in the state next year, up from eight now.
“It shows you how competitive the business is when a bakery cafe feels like it’s in direct competition with a Mexican chain,” said Ron Paul, president of Technomic Inc., a restaurant consulting firm in Chicago.
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