KFC’s Double Down “Sandwich” Probably Not Legally a Sandwich
Then what do we call it? "Layered hand meat"?
KFC’s chicken-as-bread experiment, the “Double Down,” is back for a limited time. If you’re not familiar with this particular menu option, it replaces the bun in a chicken sandwich with chicken itself. In doing so, the Double Down has given up its claim to being called a sandwich according to Massachusetts law.
The legal precedent comes from a court decision in 2006, when a Panera Bread sued a mall where they had the exclusive right to see sandwiches. The mall was adding a Qdoba restaurant as well, and Panera felt that Qdoba’s offerings of burritos, tacos, and the like fell under the larger umbrella term “sandwich.”
The case made it to the Worcester Superior Court, where a judge laid out a legal definition of what constitutes a sandwich (it’s just the Webster definition.) The important piece was that the definition includes the stipulation that for something be a sandwich, it has to be between two pieces of bread, and — this apparently needs to be stately expressly — fried chicken is not bread.
The legal status of the Double Down was pointed out by Twitter user @nycsouthpaw:
Under Massachusetts law, the KFC Double Down is likely not a sandwich. pic.twitter.com/LjwPgyPuzZ
— southpaw (@nycsouthpaw) May 6, 2014
(via The Braiser, image via KFC)