⚠️This fact has been debunked
No evidence exists of an 'Act of 1760' regarding pretzels in Philadelphia. Multiple sources provide conflicting explanations (1760 colonial law vs. 1920s Prohibition-era law), which is a clear indicator of urban legend status. Historical records of Pennsylvania colonial laws from 1760 contain no pretzel regulations. Additionally, pretzels didn't become commercially prominent in Philadelphia until the 1820s-1860s, making a 1760 law anachronistic.
In Philadelphia, you can't put pretzels in bags based on an Act of 1760.
The Philadelphia Pretzel Law That Never Existed
If you've spent any time reading those "weird laws still on the books" lists, you've probably encountered this gem: In Philadelphia, you can't put pretzels in bags based on an Act of 1760. It sounds delightfully absurd—the kind of antiquated regulation that makes you wonder what colonial lawmakers were thinking. There's just one problem: it never existed.
This supposed law has been repeated across countless websites, bar trivia nights, and social media posts. But when you actually search Pennsylvania's colonial records from 1760, you won't find a single mention of pretzels, bags, or snack food regulations. What you will find are documents about land disputes, judicial appointments, and trade issues—the actual business of colonial governance.
The Red Flags Are Everywhere
The first clue this is bogus? The contradictory origin stories. Some sources claim it's from the Act of 1760. Others insist it's a Prohibition-era law from the 1920s designed to discourage drinking by targeting bar snacks. Both can't be true. When a "fact" comes with multiple incompatible explanations, you're almost certainly looking at fiction.
Then there's the timeline problem. Commercial pretzel production didn't really take off in Philadelphia until the 1820s, when a street vendor named Daniel Christopher Kleiss started selling soft pretzels from carts. The first commercial pretzel bakery wasn't established in Pennsylvania until 1861. So why would colonial lawmakers in 1760 create regulations for an industry that wouldn't exist for another 60 years?
What About Those Other Explanations?
Some versions of the myth offer creative justifications. One claims pretzels had to be visible to distinguish fresh from day-old ones (consumer protection, colonial style!). Another suggests the law prevented sneaking illegal alcohol into pretzel bags during Prohibition. A third posits it was meant to discourage communal snacking in bars, which supposedly encouraged drinking.
These explanations sound plausible in isolation, but they fall apart under scrutiny. None of them appear in actual legal records. They're retrofitted justifications—creative storytelling designed to make the fake law sound more believable.
The Real Philadelphia Bag Law
Ironically, Philadelphia does have an actual bag-related law, just not about pretzels. In 2021, the city implemented regulations restricting single-use plastic bags at businesses. So if you're buying a Philly soft pretzel today and it comes in a paper bag instead of plastic, that's due to legitimate environmental legislation—not some mythical 18th-century pretzel decree.
The pretzel industry in Philadelphia is very real, though. The Pennsylvania Dutch (actually German immigrants) brought pretzel-making traditions to the region in the 18th century, drawn by William Penn's promise of religious freedom. By the 19th century, Philadelphia had become America's pretzel capital, a distinction it maintains today with its iconic soft pretzels sold from street carts throughout the city.
Why Do These Myths Persist?
Urban legends about bizarre laws are sticky because they're entertaining. They make great conversation starters, they're just plausible enough to believe, and they play into our assumptions about bureaucratic absurdity. Nobody fact-checks bar trivia.
The sources that spread this myth often include disclaimers admitting they haven't verified the information. One popular strange-laws website notes there are "no guarantees" and recommends "conducting further research" before citing their claims. That's a tacit admission they're publishing unverified content.
So the next time someone tells you about Philadelphia's pretzel-bagging prohibition, you can set the record straight. There was no Act of 1760. There's no obscure ordinance gathering dust in city archives. You can bag your pretzels with impunity—you always could.
Just don't expect a plastic bag.