That didn't hold up well in front of State Superior Court Judge Jeffrey Locke who cited Webster's Dictionary as well as testimony from a chef and from a former federal agriculture official in ruling that Qdoba's burritos and other offerings are not sandwiches. The difference, he said, essentially is between two slices of bread and one tortilla.
Panera, which owns more than 900 cafes, asked the court to agree that a flour tortilla is bread and that a food product with bread and a filling is a sandwich.
Qdoba, a subsidiary of Jack in the Box Inc., called food experts to testify on its behalf, including chef Chris Schlesinger of Cambridge, MA. He 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."
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