SUMMARY JUDGMENT
Grumpyoldpersonwithcats (Appellant) -v- The Institute of Common Sense ex parte Mumsnet HQ Derailment of Thread Department - Regis
@Grumpyoldpersonwithcats has appealed at 21:45 on 12 July their claim that a chip is a vegetable, notwithstanding that a chip is a segment of a potato tuber usually cooked in oil and salted. The question is whether a potato chip is still a potato or whether it is mere potato or 'potato matter'.
The annual gross retail value of the grocery sector is approaching £250 billion. J Sainsbury plc is a retailer established over 150 years ago and now operates approximately 1,500 stores across the UK. In the year to 3 April 2024, its turnover was £32,700,045,018.43. It is very clear that J Sainsbury plc is a company that gets things right (apart from closing their fish counters and never bothering to reopen them, but that is not relevant to this matter).
In the frozen food section of their stores, one can find many varieties of potato, cut into different thicknesses, lengths and shapes. There are curly chips, thick chip-shop style chips, chips with skin on, chips that have been cut into a crinkled pattern, chips towards the back of the freezer that have escaped out of a burst bag (near some spilled frozen peas) and very normal looking chips that one might, for example, dip into one’s runny egg yolk (aisle 14).
ASML Holdings is a Dutch company with a similar size turnover to Sainsbury but has a market capitalisation almost 70 times larger. It is a manufacturer and global exporter of chips, though these are the plastic and electronic computer sort that would not meet the definition of ‘vegetable’ though would possibly satisfy the criterion of ‘mineral’ due to various components being sourced from quarries around the world. The products of ASML are therefore not of much help in this appeal.
Turning back to J Sainsbury plc, above the frozen food sections in almost all of their stores are helpful signs in orange and white, hanging from the ceiling, that guide consumers to the groceries they are looking for. For example, if looking for Starbursts, one is guided to the product by a large orange sign that says ‘Confectionary’. Another example would be a frozen chicken, of the type often claimed on MN that feeds a family of 12 for over two weeks, which appears under the orange sign saying ‘Poultry’. It is clear from this signage and descriptions that Starbursts are confectionary, and that chicken is poultry.
Above the chips section of all J Sainsbury plc supermarkets are signs saying ‘Frozen vegetables’, a term which is intended to cover not only processed potatoes, but processed swede, broccoli, carrots and other forms of vegetables. J Sainsbury plc would not be one of the largest retailers in the UK today if it got its product descriptions wrong.
The right conclusion that has to be reached is therefore that frozen processed potato products described as chips are indeed vegetables. By the same rule, so are waffles, hash-browns and those pointless tubs of ready mashed potatoes.
**Appeal allowed.