What Makes Tuna, Tuna? Subway Lawsuit Aims to Find Out


July 18, 2022 – The sandwich chain Subway is not any stranger to scandals. In 2013, Subway settled a claim that alleged its footlong subs have been shorter than marketed. Then, in 2014, it endured a scandal over a “yoga mat” chemical present in its bread. Now, the world’s largest sandwich chain is going through one other controversy: whether or not the tuna fish it makes use of is actually 100% tuna.

This month, U.S. District Choose Jon Tigar rejected Subway’s request to dismiss a lawsuit over the franchise chain’s tuna merchandise, ruling Nilima Amin of Alameda County, CA, might proceed the swimsuit she filed in January 2021.

The original complaint mentioned Subway tuna merchandise have been misbranded below federal and California legal guidelines, main clients to pay extra for “premium priced meals dishes” and to consider they’re consuming “solely tuna and no different fish species, animal merchandise, or miscellaneous merchandise.”

“Subway misrepresents its merchandise as ‘100% tuna,’” the renewed 2022 case reads. “[Consumers] have been tricked into shopping for meals gadgets that wholly lacked the ingredient they moderately thought they have been buying.”

Subway: ‘We Are Upset’

The courtroom dismissed components of the plaintiff’s declare, together with the allegation that Subway deceived clients by promoting sandwiches that weren’t 100% tuna.

“Shoppers perceive that tuna salad is often combined with mayonnaise, and {that a} tuna sandwich will include bread,” the choose’s ruling argued.

However he didn’t dismiss the overstated tuna claims.

Subway pushed again, insisting that any non-tuna DNA discovered is the results of contact between different substances used to make tuna sandwiches and wraps.

“Subway serves 100% tuna,” a Subway spokesperson told Today. “We’re upset the Courtroom felt it couldn’t dismiss the plaintiffs’ reckless and improper lawsuit at this stage. Nonetheless, we’re assured that Subway will prevail when the Courtroom has a chance to think about all of the proof.”

A Fishy Investigation

Beforehand, the plaintiff introduced a marine biologist’s evaluation of 20 tuna samples from 20 Subway areas that discovered “no detectable tuna DNA sequences by any means” in all however one. What’s extra, an investigation by The New York Occasions concluded “no amplifiable tuna DNA” was current in its lab-tested samples.

The lab commissioned by the Occasions provided two options for the detrimental outcomes.

“One, it’s so closely processed that no matter we might pull out, we couldn’t make an identification. Or we received some and there’s simply nothing there that’s tuna,” a lab spokesperson informed the newspaper.

However whenInside Edition despatched samples to a lab, the outcomes have been within the sandwich chain’s favor: The Subway tuna was, in reality, tuna. Subway cites Inside Version’s “extra correct” lab testing course of by way of Utilized Meals Applied sciences in protection of certainly one of its hottest choices.

“Utilized Meals Applied sciences is likely one of the solely labs within the nation with the power to check broken-down fish DNA, which makes it extra correct in testing processed tuna,” Subway defined on its website. “AFT carried out greater than 50 particular person assessments on 150 kilos of Subway’s tuna for Inside Version and confirmed yellowfin and/or skipjack tuna in each pattern.”

Because the case continues, Subway has launched an promoting campaign defending its tuna subs as “100% actual.”


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