why we're taking on the government's illegal tariffs

We knew the tariffs were illegal. The court agreed. Now we're back in court.

Where things stand

  • Section 122 tariffs: The U.S. Court of International Trade ruled in our favor. The tariffs have since ended, but the government has appealed instead of refunding what it collected. The case is now at the Federal Circuit, and we're waiting for an argument date.
  • Section 301 tariffs: Our challenge to the Section 301 tariffs, filed with co-plaintiff Collective Horology, was heard in court on September 30. We're now waiting for a decision.

Why a spice company is suing the government

When Ethan and Ori started Burlap & Barrel 10 years ago, they brought spices home from origin in their checked luggage. To date, we’ve shipped more than 4.2 million jars of spices to restaurant chefs and home cooks with over $7 million sent to farmers in more than 30 countries. That’s our benchmark for success.

Our work depends on global agriculture. Spices like black pepper, cinnamon and vanilla aren't grown commercially in the United States. Our Herbes de Provence come from Provence. Our sweet, savory Purple Stripe Garlic grows in the northern highlands of Vietnam. These aren't arbitrary supply chains. They're relationships with specific farmers, specific regions and centuries of growing tradition.

When the tariffs were announced, we made two promises: we would not raise our prices, and we would not ask our partner farmers to absorb the costs. We went to court to protect our ability to keep those promises.

The Section 122 case

On March 9, we sued the federal government over the administration's Section 122 tariffs. The Court of International Trade held that Section 122 doesn't let the President impose these tariffs under current economic conditions. It's a narrow, time-limited tool for specific balance-of-payments crises, not a way to impose sweeping worldwide trade restrictions. The court got it right.

The tariffs are over, but the fight isn't. The government is appealing rather than returning the money it collected from businesses like ours. We're defending the ruling at the Federal Circuit, and we're honored that Janet Yellen, Nobel laureate Simon Johnson and 46 other economists filed a brief supporting our case.

The Section 301 case

We're also challenging the Section 301 tariffs alongside Collective Horology. The case was argued on September 30, 2026, and we'll share an update when the court rules.

"These tariffs created real challenges for our company and for the farmers we partner with around the world. Today's decision helps ensure that businesses like ours are not unfairly burdened by unlawful trade restrictions."

-Ori Zohar, co-founder & co-CEO

"The new Section 122 tariffs directly threatened our business model, as well as our partner farmers and home cook and professional chef customers. That's why we sued. We are grateful to the Liberty Justice Center for representing us completely at zero cost to our company."

-Ethan Frisch, co-founder & co-CEO

We were the first independent food company to file suit against these tariffs, and we're proud to have seen it through. We're deeply grateful to the Liberty Justice Center, a nonprofit, nonpartisan public-interest law firm, who took our case at no cost to us.

Whatever happens next, our mission stays the same: pay farmers more, bring the best spices in the world to kitchens across the United States, and build a more equitable spice trade.

If this work matters to you, please help us share the story:

Read more about the Section 122 case →

Read more about the Section 301 case →

Last updated September 30, 2026