According to reports, U.S. District Court Judge Jon S. Tigar ruled that customers can sue Subway for its misleading “100 percent tuna” claims.
Last week, the U.S. District Court Judge ruled that the class action suit filed in January 2021 by plaintiff Nilima Amin of Alameda County, California can move forward. Months earlier Subway asked for the lawsuit alleging that its classic Tuna Sub menu option contained “a mixture of various concoctions that do not constitute tuna.”
Subway has denied the claims noting that the lawsuit comes “without merit,” despite the legal action coming with independent lab tests that show the “concoctions” are “blended together” by the company to “imitate” tuna’s appearance.
“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,” said Judge Tigar. Adding, “Moreover, even if the Court accepted Subway’s statement that all non-tuna DNA must be caused by cross-contact with other Subway ingredients, it still would not dismiss the complaint on this basis. Whether, and to what extent, a reasonable consumer expects cross-contact between various Subway ingredients is a question of fact.”
Responding to the dismissal to the Washington Post in an email, Mark C. Goodman, a lawyer for Subway, said it is “disappointing that this meritless lawsuit was not dismissed with prejudice.” “While we obviously understand the Court is required to accept the plaintiff’s claims as true at the pleadings stage of the case, the fact is plaintiff’s claims are not true. Subway tuna is tuna.” Finishing the email by saying, “We look forward to vindicating Subway once the Court is able to consider the evidence and we are very confident that judgment will be entered for Subway on each of the plaintiff’s claims.”
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