Subway sued over its claims of 100% tuna in its sandwiches

A Subway sandwich shop worker is suing the company over its claim that its sandwiches contain 100 per cent tuna.

A federal judge in California today Wednesday, July 13 permission for the worker to sue the company who she says does not use 100 per cent tuna in their sandwiches as they claim.

Nilima Amin of Alameda County, California says that Subway has misled customers alleging that their sandwiches partially or wholly lack tuna.

Central to this case is research by a marine biologist who analysed 20 samples taken from 20 different Subway restaurants. In all cases the biologist found no detectable traces of tuna but did find the DNA of other animals including chicken and pork.

Subway had asked for the case to be dismissed saying that other ingredients were routinely used in their sandwiches such as mayonnaise, which as it is made with eggs would contain chicken DNA.

District Judge Jon Tigar ruled that the case could go ahead noting that some of the allegations “refer to ingredients that a reasonable consumer would not reasonably expect to find in a tuna product.”

Amin is heading a class-action suit accusing the company of false advertising and unfair completion, for which she would like restitution and punitive damages.

A Subway spokesperson told NPR it insisted on the integrity of its fish sandwich, stating, “Subway serves 100 per cent tuna.”

They added: “We are disappointed the Court felt it couldn’t dismiss the plaintiffs’ reckless and improper lawsuit at this stage.”

The Times had conducted similar tests and also found the sandwiches to contain little tuna DNA, which Subway refutes saying it is difficult to detect the DNA once the meat is cooked.

Subway did however manage to have one case dismissed on the grounds another claimant hadn’t provided evidence they had paid for their sandwich, whilst Amin’s suit that he described as stating a “tuna salad, sandwich, or wrap contains 100% tuna and nothing else.”

Amin has been given three weeks to respond to that portion of his ruling before the case moves to the next stage.

Most of us will at one time or another wondered whether the ingredients in our sandwiches are what they are said to be, but few would sue a company like Subway over its claims of 100 per cent tuna in its sandwiches

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