Yea, you're totally correct. This whole confusion comes from a Supreme Court case that involved tariffs though... Basically, tomatoes are a staple good and should be taxed like a regular vegetable and not receive the elevated fruit tax.

It varies by language since the meaning of fruit and vegetable are language specific but that's universal for English. A fruit is an edible portion of a plant that contains seeds and a vegetable is an edible portion of a plant, so... all fruits are vegetables.