A federal judge said Subway can be sued for allegedly deceiving customers about its tuna products, including a claim it uses other fish species, chicken, pork and cattle instead of the advertised '100% tuna'.
US District Judge Jon Tigar in San Francisco called it premature to accept Subway’s argument that any presence of non-tuna DNA might result from eggs in mayonnaise or cross-contact with other ingredients that its restaurants’ employees handle.
The judge also said the plaintiff, Nilima Amin, an Alameda County resident who claimed to order Subway tuna products more than 100 times from 2013 to 2019, could try to prove that the salads, sandwiches and wraps “wholly lack” tuna. In a statement, Subway said it “serves 100% tuna” and was disappointed the “reckless and improper” lawsuit could continue.
It has repeatedly defended its tuna in TV ads and on its website, and said changes were not needed. Menu revamps this month and last July included no tuna changes.
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