Subway can be sued over its 100% tuna claims, U.S. judge rules – By Thomson Reuters (CBC) / July 12, 2022
DNA analysis of tuna sandwiches detected other types of meat
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 per cent tuna.”
U.S. 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 employees handle.
“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,” Tigar ruled on July 7.
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.
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