It was my understanding that all fruits were vegetable anyways. Any part of a plant that we eat is a "vegetable".
1. any plant whose fruit, seeds, roots, tubers, bulbs, stems, leaves, or flower parts are used as food, as the tomato, bean, beet, potato, onion, asparagus, spinach, or cauliflower.
2.the edible part of such a plant, as the tuber of the potato.
3.any member of the vegetable kingdom; plant.
1. any product of plant growth useful to humans or animals.
2.the developed ovary of a seed plant with its contents and accessory parts, as the pea pod, nut, tomato, or pineapple.
3.the edible part of a plant developed from a flower, with any accessory tissues, as the peach, mulberry, or banana.
4.the spores and accessory organs of ferns, mosses, fungi, algae, or lichen.
5.anything produced or accruing; product, result, or effect; return or profit: the fruits of one's labors.
So tomato is in both dictionary definitions of fruit AND vegetable. I guess if the court says football is baseball, its friggin baseball right?