Ethan Frisch and Ori Zohar are the cofounders and co-CEOs of Burlap & Barrel, the lead plaintiff in Burlap and Barrel, Inc. v. Trump.
When we started Burlap & Barrel almost 10 years ago, we never imagined we’d be suing the government. As a social enterprise our mission is to provide unique and incredibly flavorful ingredients by connecting global spice farmers with American cooks, both at home and in professional kitchens.
But as a direct importer, we’ve been struggling since “Liberation Day” last April, which set off a wave of sweeping, arbitrary tariffs. These policies punish both small businesses and home cooks for seeking ingredients imported from overseas—which, in the case of spices, are often ingredients with no commercially produced domestic alternatives, like black pepper, vanilla, and cinnamon.
We’ve had enough, and that’s why we’re suing the president of the United States.
There’s been so much back and forth with the tariffs that it’s hard to keep track of where things stand. Here’s the current situation: The Supreme Court recently struck last April’s tariffs down, but the administration immediately retaliated with new tariffs that begin at a shocking 10%. This policy existentially threatens our business and so many others who depend on relationships with trusted suppliers around the world. It will also inevitably force price increases for American consumers.
Burlap & Barrel’s best-selling spices are grown only by smallholder farmers in other countries, under specific climate conditions unique to that place and using traditional agricultural methods not widely employed stateside. Our spices are also often made with heirloom varietals, like our royal cinnamon, aka the rare Vietnamese species Cinnamomum loureiroi, and genuine Herbes de Provence from Provence, France, which the European Union has granted “Designation of Protected Origin” status. Because of all these things, there are no comparable American-grown alternatives.
The Administration has cited Section 122, a little-known provision of federal trade law that allows temporary tariffs during a balance-of-payments crisis. Congress designed the law for emergencies affecting the nation’s financial system, not as a general-purpose tool to impose sweeping tariffs. But that’s how the law is being applied today. Our lawsuit argues that the President doesn’t have the power to impose these tariffs, which create an unnecessary and possibly unbearable financial burden for independent companies like ours to bear.
The lawsuit has fallen to us because the big conglomerates are afraid to upset the administration by putting their names on a legal complaint. We’re proud to stand up for small businesses across the country, and farmers around the world, and that’s why we’re pursuing this case with the nonprofit Liberty Justice Center.
The Boston Tea Party, as you may remember from history class, involved tossing crates of tea into Boston Harbor to protest the high taxes, or tariffs, imposed by King George. Sound familiar? Don’t worry, the only body of water we’ll be throwing spices is a pot of soup. But we’re honored to follow in the storied American tradition of fighting to protect our rights as a small business.
Editor’s note: Burlap & Barrel previously collaborated with Bon Appétit on a collection of spice blends, but does not have an ongoing partnership with the brand.
