The Question that Baffled Britain's High Court: Are Pringles Potato Chips?

iStock/eskaylim
iStock/eskaylim

Are Pringles potato chips? From 2007 to 2009, that question plagued judges at three different levels of the British judiciary, leading to a series of head-scratchingly comical legal proceedings. The stakes, however, were nothing but serious: The ruling put hundreds of millions of dollars on the line.

The question revolved around Britain’s value-added tax, or VAT. According to the 1994 VAT Act, any product that is “wholly, or substantially wholly, made from the potato” was subject to a 17.5 percent tax. In 2007, Britain’s VAT and Duties Tribunal determined that Pringles fell under the tax’s umbrella—and demanded the chipman payeth.

Procter & Gamble, who owned Pringles at the time, vehemently disagreed. They argued that Pringles were only 42 percent potato flour, with the rest mostly a slurry of wheat starch, corn and rice flour, and vegetable oil. The snack food, they said, could not be classified as a potato chip because, unlike a real potato chip, its overall contents and shape were “not found in nature.”

In addition to being unappetizing, this argument was a marked shift from the company's original position. When the snack first hit shelves in the mid-1960s, Pringles were proudly marketed as “potato chips.” (More specifically, as newfangled potato chips.) They did this despite reported complaints from competing chip-makers, who argued that the snack food—which is cooked from a thin, mashed potato-like dough—should be classified differently.

But now that millions of dollars were on the line, Procter & Gamble’s lawyers wholeheartedly embraced Pringles's unique place as a “not-really-a-chip” chip. The VAT and Duties Tribunal, however, didn’t buy it. In a decision that sounds more like a Zen kōan, the tax masters argued that Pringles were chips because they were “made from potato flour in the sense that one cannot say that it is not made from potato flour.”

To that, the British High Court of Justice basically replied: Wow, that's confusing! Now, excuse us, we would like to top it.

The following year, the High Court stepped in and reversed the Tribunal's decision. First, the Court argued that Pringles were more akin to a cake or bread than a chip. (Who, of course, can forget their first birthday Pringle?) Furthermore, the Court declared that a Pringle—which we should emphasize is, in fact, mostly made from potatoes—was not “made from the potato." Their reasoning invoked Greek metaphysics, claiming that Pringles did not possess the required amount of (and this is their word) “potatoness.”

The controversy didn’t end there. In 2009, the case moved up another judicial wrung, this time to Britain’s Supreme Court of Judicature. The lower court's metaphysical arguments about "potatoness" were enough to make Aristotle's brain hurt, the justices moaned. They criticized the previous ruling for its “overelaborate, almost mind-numbing legal analysis” and dubbed the topic at hand a “short practical question calling for a short practical answer.”

Procter & Gamble’s lawyers bore down anyway. They claimed that a product made from “a number of significant ingredients ... cannot be said to be ‘made from’ one of them.” Lord Justice Jacob called this argument hogwash. If that were true, he argued, then “a marmalade made using both oranges and grapefruit would be made of neither—a nonsense conclusion."

After working itself in and out of semantic pretzels, the Court said the easiest solution to Chipgate was to appeal to a hypothetical child: If you asked an 8-year-old to explain what a Pringle was, what would he or she say?

The question of a Pringle’s identity, the Court argued, “would probably be answered in a more relevant and sensible way by a child consumer than by a food scientist or a culinary pedant.”

In other words, a chip is a chip is a chip—Pringles among them. With that, Procter & Gamble had to pay $160 million in taxes.

Though common sense prevailed, it doesn’t always end that way: Around the time of the great Pringle debate, the state of Oklahoma was busy confidently declaring watermelon a vegetable.

10 Rad Gifts for Hikers

Greg Rosenke/Unsplash
Greg Rosenke/Unsplash

The popularity of bird-watching, camping, and hiking has skyrocketed this year. Whether your gift recipients are weekend warriors or seasoned dirtbags, they'll appreciate these tools and gear for getting most out of their hiking experience.

1. Stanley Nesting Two-Cup Cookset; $14

Amazon

Stanley’s compact and lightweight cookset includes a 20-ounce stainless steel pot with a locking handle, a vented lid, and two insulated 10-ounce tumblers. It’s the perfect size for brewing hot coffee, rehydrating soup, or boiling water while out on the trail with a buddy. And as some hardcore backpackers note in their Amazon reviews, your favorite hiker can take the tumblers out and stuff the pot with a camp stove, matches, and other necessities to make good use of space in their pack.

Buy it: Amazon

2. Osprey Sirrus and Stratos 24-Liter Hiking Packs; $140

Amazon

Osprey’s packs are designed with trail-tested details to maximize comfort and ease of use. The Sirrus pack (pictured) is sized for women, while the Stratos fits men’s proportions. Both include an internal sleeve for a hydration reservoir, exterior mesh and hipbelt pockets, an attachment for carrying trekking poles, and a built-in rain cover.

Buy them: Amazon, Amazon

3. Yeti Rambler 18-Ounce Bottle; $48

Amazon

Nothing beats ice-cold water after a summer hike or a sip of hot tea during a winter walk. The Yeti Rambler can serve up both: Beverages can stay hot or cold for hours thanks to its insulated construction, and its steel body (in a variety of colors) is basically indestructible. It will add weight to your hiker's pack, though—for a lighter-weight, non-insulated option, the tried-and-true Camelbak Chute water bottle is incredibly sturdy and leakproof.

Buy it: Amazon

4. Mappinners Greatest 100 Hikes of the National Parks Scratch-Off Poster; $30

Amazon

The perfect gift for park baggers in your life (or yourself), this 16-inch-by-20-inch poster features epic hikes like Angel’s Landing in Zion National Park and Half Dome in Yosemite National Park. Once the hike is complete, you can scratch off the gold foil to reveal an illustration of the park.

Buy it: Amazon

5. National Geographic Adventure Edition Road Atlas; $19

Amazon

Hikers can use this brand-new, updated road atlas to plan their next adventure. In addition to comprehensive maps of all 50 states, Puerto Rico, Canada, and Mexico, they'll get National Geographic’s top 100 outdoor destinations, useful details about the most popular national parks, and points on the maps noting off-the-beaten-path places to explore.  

Buy it: Amazon

6. Adventure Medical Kits Hiker First-Aid Kit; $25

Amazon

This handy 67-piece kit is stuffed with all the things you hope your hiker will never need in the wilderness. Not only does it contain supplies for pain, cuts and scrapes, burns, and blisters (every hiker’s nemesis!), the items are organized clearly in the bag to make it easy to find tweezers or an alcohol wipe in an emergency.

Buy it: Amazon

7. Hiker Hunger Ultralight Trekking Poles; $70

Amazon

Trekking poles will help increase your hiker's balance and stability and reduce strain on their lower body by distributing it to their arms and shoulders. This pair is made of carbon fiber, a super-strong and lightweight material. From the sweat-absorbing cork handles to the selection of pole tips for different terrain, these poles answer every need on the trail. 

Buy it: Amazon

8. Leatherman Signal Camping Multitool; $120

Amazon

What can’t this multitool do? This gadget contains 19 hiking-friendly tools in a 4.5-inch package, including pliers, screwdrivers, bottle opener, saw, knife, hammer, wire cutter, and even an emergency whistle.

Buy it: Amazon

9. RAVPower Power Bank; $24

Amazon

Don’t let your hiker get caught off the grid with a dead phone. They can charge RAVPower’s compact power bank before they head out on the trail, and then use it to quickly juice up a phone or tablet when the batteries get low. Its 3-inch-by-5-inch profile won’t take up much room in a pack or purse.

Buy it: Amazon

10. Pack of Four Indestructible Field Books; $14

Amazon

Neither rain, nor snow, nor hail will be a match for these waterproof, tearproof 3.5-inch-by-5.5-inch notebooks. Your hiker can stick one in their pocket along with a regular pen or pencil to record details of their hike or brainstorm their next viral Tweet.

Buy it: Amazon

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Coca-Cola Is Discontinuing TaB After Almost 60 Years

Stock up while you can.
Stock up while you can.
lokate366, Flickr // CC BY-SA 2.0

In 1963, Coca-Cola debuted TaB, a one-calorie diet soda that came in a pink can and promised women the chance to “have a shape he can’t forget.” The beverage was intended, as the commercial’s catchy jingle was quick to remind you, “for beautiful people,” with the sunny implication that sipping it could make you one of them.

TaB began to lose popularity after Diet Coke was launched in 1982, but a small crop of devotees still prefer it today. There’s even a website called ilovetab.com that keeps tabs on where the beverage is sold and which celebrities are spotted with a can in hand.

Unfortunately for fans, the Coca-Cola Company has finally decided to discontinue the drink just a few years short of its 60th anniversary. It’s not the only casualty: ZICO coconut water, Odwalla juices, Diet Coke Feisty Cherry, and Coca-Cola Life (a reduced-sugar version of Coke with stevia leaf extract) are also being retired, along with a few regional and international products.

Though plenty of businesses have scaled back their offerings—or gone bankrupt—due to the coronavirus pandemic, the company maintains that these changes were in the works long before then. That said, “the ongoing COVID-19 supply chain challenges and shifting shopping behaviors prompted the company to fast-track its plan,” Coca-Cola explained in a press release.

TaB is now more of a nostalgic cult classic than a lucrative asset. According to The New York Times, Coca-Cola circulated about 3 million cases of TaB in 2011—not even half a percent of the number of Diet Coke cases produced in the same year. But that’s not to say people won’t be sad to see it go.

“We’re forever grateful to TaB for paving the way for the diets and lights category, and to the legion of TaB lovers who have embraced the brand for nearly six decades,” Kerri Kopp, Diet Coke’s group director for North America, said in a press release. “If not for TaB, we wouldn’t have Diet Coke or Coke Zero Sugar. TaB did its job.”

[h/t The New York Times]