US District Judge Jon Tigar has ruled that Subway can be sued for allegedly deceiving customers about its tuna products. This includes a claim that Subway uses other fish, chicken, pork, and beef instead of “100% tuna” as advertised.
Subway argued that any presence of non-tuna DNA may result from eggs in mayonnaise or cross-contact with other ingredients at its stores. However, Judge Tigar said it was premature to accept this argument.
“Although it is possible that Subway’s explanations are the correct ones, it is also possible that these allegations refer to ingredients that a reasonable consumer would not reasonably expect to find in a tuna product,” Judge Tigar said.
Judge Tigar said the plaintiff Nilima Amin, who claims to have ordered Subway tuna products on over 100 occasions between 2013 to 2019, could attempt to prove that Subway’s salads, sandwiches, and wraps “wholly lack” tuna.
In a statement, Subway said it “serves 100% tuna” and said it was disappointed that the lawsuit which it calls “reckless and improper” could continue against it.
“We are confident that Subway will prevail when the court has an opportunity to consider all the evidence,” the company added.