The Legal Exception: Green Tomato Pie
When the Supreme Court decided in Nix v. Hedden that tomatoes couldn’t be legally considered a fruit because they weren’t customarily eaten for dessert, there was only one real exception: green tomato pie.
The green tomatoes left on the vine at the end of the growing season aren’t especially palatable, at least when they’re raw. They’re hard, and contain substantially less of the sugar, acids, and aromatic compounds that give ripe tomatoes their distinctive flavor. Thanks in part to the 1991 Academy Award-nominated film based on Fannie Flagg's novel Fried Green Tomatoes and the Whistle Stop Cafe, many people are familiar with the idea that green tomatoes can be eaten breaded and fried. Fewer people know that green tomatoes are such a blank slate that they can just as easily be used in sweet preparations. Sliced or minced and cooked in a pastry crust with lots sugar and some cinnamon or other spices, tomatoes make a sweet-tart fruit filling reminiscent of apples. The dessert was common in the American South by the mid-19th C.
However, it specifically relies on tomatoes that don’t taste like tomatoes. While it might seem like ripe tomatoes would be the more obvious choice for desserts because they’re so much sweeter, the savory meatiness imparted by the high glutamate content makes the flavor seem inappropriate for sweet applications.
At Least It’s Not Raw Trout
Still, if there’s anything the age of salted caramel and bacon chocolate should have taught us, it’s the fact that sugar plays well with salty, meaty flavors traditionally confined primarily to savory appetizers and main dishes. Indeed, dessert ice cream made with traditionally-savory flavors has become one of the hallmarks of avant-garde cuisine. Smoked bacon and egg ice cream is one of Heston Blumenthal’s most celebrated creations—and, notably, served with a sweet tomato jam as part of the breakfast-themed dessert that’s a fixture on the menu of his three-Michelin-starred restaurant The Fat Duck. A San Francisco ice creamery named Humphry Slocombe recently profiled in The New York Times offers many savory-sweet flavors including foie gras, “government cheese,” and salted licorice. And the competitors on Iron Chef America have presented the judges with ice cream desserts using secret ingredients ranging from abalone to the infamous raw trout.
Tomato ice cream may sound like just another novelty or oddball flavor, but in fact, it may have preceded all this recent nouveau frippery, possibly even dating back to the very origins of ice cream in America. In the 18th C., when ice cream was still a relatively new invention and hadn’t yet become common in England or America, Benjamin Franklin got his first taste of the churned, frozen custard while visiting Paris. He liked it so much that he wrote in a letter home: “I am making an effort to acquire the formula so we may sample this lovely fare upon my return to Philadelphia.” French and American cookbooks from the era suggest that the most popular flavors back then were apricot, raspberry, rose, chocolate, and cinnamon, but it has been rumored that the flavor Ben Franklin liked best was tomato.
Given the lack of documentary evidence for the existence of tomato ice cream in the 18th C. and in light of the Nix v. Hedden decision, the Franklin rumor is improbable. However, after making something very akin to tomato ice cream last year for Battle Tomato, I feel like it’s not entirely impossible. Prepared with enough sugar, tomato is a perfectly plausible dessert flavor—like strawberry’s slightly funky cousin or a less-tart gooseberry. It’s a tiny bit peculiar, perhaps, but also really alluring, a savory-sweet combination reminiscent of salt-water taffy or yogurt-covered pretzels or anything else that simultaneously hits sour, salty, and sweet tastes. It can be really delicious.Read more

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