Subway subway bread article bread is not bread, Irish court rules Ireland The Guardian

Subway subway bread article bread is not bread, Irish court rules Ireland The Guardian

The clincher was the act’s strict provision that the amount of sugar in bread “shall not exceed 2% of the weight of flour included in the dough”.
There can also sometimes be a thin but important line between food and aphrodisiacs. In February this year, a top adviser at the EU’s highest court argued that a Dutch sex shop could not apply foodstuff VAT rates to the libido-stimulating pills it sold.
The appeal arose from a claim by Bookfinder Ltd that there were owed a refund from January/February 2004 to November/December 2005, when they paid VAT at a composite rate of 9.2%. They argued that they should instead have been subjected to 0% VAT. But Mr Justice O’Donnell was not persuaded and the appeal was dismissed.
In a judgment published on Tuesday , the court ruled that the bread served at Subway, the US chain that hawks giant sandwiches in 110 countries and territories, could not in fact be defined as bread because of its high sugar content.
Subway subway bread article bread is not bread, Irish court rules Ireland The Guardian
Subway subway bread article bread is not bread, Irish court rules Ireland The Guardian
A Subway worker wears a face mask while making a sandwich. The chain has branches in more than 100 countries Photograph: Peter Summers/Getty Images A Subway worker wears a face mask while making a sandwich. The chain has branches in more than 100 countries Photograph: Peter Summers/Getty Images Sam Jones and Helen Sullivan Thu 1 Oct 2020 17.33 BST First published on Thu 1 Oct 2020 07.40 BST
In a statement sent to the Guardian a spokesperson for Subway said: “Subway’s bread is, of course, bread.”
Subway’s bread, however, contains five times as much sugar. Or, as the supreme court put it: “In this case, there is no dispute that the bread supplied by Subway in its heated sandwiches has a sugar content of 10% of the weight of the flour included in the dough.”
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However, as the court pointed out, Ireland’s Value-Added Tax Act of 1972 draws a distinction between staple foods – bread, tea, coffee, cocoa, subway bread article milk and “preparations or extracts of meat or eggs” – and “more discretionary indulgences” such as ice-cream, chocolate, pastries, crisps, popcorn and roasted nuts.
Those wrestling with the great culinary-philosophical dilemmas of our time – are jaffa cakes actually cakes or just up-themselves biscuits, is putting chorizo in paella really an act of gastronomic terrorism , and what kind of monster doesn’t love Marmite ? – can give thanks to the Irish supreme court. Earlier this week, it brought clarity to an important, if less bitterly contested, debate.
“The argument depends on the acceptance of the prior contention that the Subway heated sandwich contains ‘bread’ as defined, and therefore can be said to be food for the purposes of the second schedule rather than confectionery,” he ruled. “Since that argument has been rejected, this subsidiary argument must fail.”
The ruling is not the first slice of controversy for the brand. In 2014, Subway decided to start removing the flour whitening agent azodicarbonamide from its baked goods after a petition circulated online. The ingredient is commonly used in the manufacture of yoga mats and carpet underlay and has been banned by the European Union and Australia from use in food products.
The classification of certain food has long exercised the minds of retailers, lawyers and philosophers . In 1991, a VAT tribunal famously turned its attention to the vexed question of jaffa cakes, the sweet snacks that hover on what it termed “the borderline between cakes and biscuits” .
The ruling followed an appeal by Bookfinders Ltd, Subway’s Irish franchisee. The company had argued that the bread used in Subway sandwiches counted as a staple food and was consequently exempt from VAT.
“These are consumed, not to provide the body with nutrients, bread baking articles