Ethan Frisch and Ori Zohar serve as the cofounders and co-CEOs of Burlap & Barrel, the primary plaintiff in Burlap and Barrel, Inc. v. Trump.
When we launched Burlap & Barrel nearly a decade ago, we never envisioned that we would end up suing the government. As a social enterprise, our goal is to deliver distinctive and extraordinarily flavorful ingredients by linking global spice growers with American chefs, whether at home or in professional culinary settings.
However, as a direct importer, we have faced challenges since “Liberation Day” last April, which triggered a cascade of sweeping, arbitrary tariffs. These regulations penalize both small enterprises and home cooks who seek ingredients sourced from abroad—which, in the case of spices, often includes items with no domestically produced equivalents, such as black pepper, vanilla, and cinnamon.
We have reached our limit, and that’s why we are taking legal action against the President of the United States.
The ongoing back-and-forth regarding tariffs has made it difficult to maintain clarity on the situation. Here’s where things currently stand: The Supreme Court recently overturned last April’s tariffs, but the administration promptly responded with new tariffs starting at an astonishing 10%. This policy poses an existential threat to our business and countless others that rely on solid relationships with trusted suppliers across the globe. Additionally, it will inevitably lead to price hikes for American consumers.
The most popular spices from Burlap & Barrel are exclusively cultivated by smallholder farmers in other nations, under specific climatic conditions unique to those regions, employing traditional farming methods not commonly used domestically. Our spices are frequently made from heirloom varieties, such as our royal cinnamon, also known as the rare Vietnamese type Cinnamomum loureiroi, and authentic Herbes de Provence from Provence, France, which the European Union has awarded “Designation of Protected Origin” status. Due to these factors, there are no comparable American-grown substitutes.
The Administration has referenced Section 122, a little-known clause of federal trade law permitting temporary tariffs during a balance-of-payments emergency. Designed by Congress for crisis situations impacting the nation’s financial system, it is not intended as a universal tool for imposing sweeping tariffs. Nonetheless, this is how the law is being applied at present. Our lawsuit contends that the President lacks the authority to enact these tariffs, which impose an unnecessary and potentially unbearable financial strain on independent businesses like our own.
The responsibility for the lawsuit has fallen to us because major corporations hesitate to provoke the administration by associating their names with a legal complaint. We take pride in advocating for small businesses nationwide, as well as farmers globally, and that’s why we are pursuing this legal action alongside the nonprofit Liberty Justice Center.
The Boston Tea Party, which you might recall from your history lessons, involved hurling crates of tea into Boston Harbor as a protest against the steep taxes, or tariffs, levied by King George. Does that ring a bell? Don’t fret, the only body of water we’ll be tossing spices into is a soup pot. However, we are honored to carry on the rich American tradition of striving to defend our rights as a small business.
Editor’s note: Burlap & Barrel previously partnered with Bon Appétit on a collection of spice blends, but currently does not maintain an ongoing collaboration with the brand.
