Famous for its foot-long subs, the sandwich chain, Subway, is being sued by two California residents who allege that the chain’s tuna subs are made with a combination of fish that does not include tuna.
On January 21, the plaintiffs filed their complaint in the U.S. District Court for the Northern District of California. The complaint, according to Today.com, claims that independent testing of the tuna sub reveals that the “products are made from anything but tuna.”
The complaint claims the tuna sub is allegedly made from “a mixture of various concoctions that do not constitute tuna, yet have been blended together by Defendants [Subway] to imitate the appearance of tuna.”
Should the complaint go to trial, Subway will have to defend the lawsuit against various claims, which include fraud, intentional misrepresentation and unjust enrichment.
The plaintiffs are seeking compensatory damages and punitive damages plus attorneys’ fees, reports Today.com. In addition the plaintiffs want Subway to stop mislabeling its tuna sandwiches. Moreover, the plaintiffs are asking the sandwich giant to forego any profits it earned from misleading product claims.
In response to the claim, a Subway representative told Today.com, “There simply is no truth to the allegations in the complaint that was filed in California. Subway delivers 100% cooked tuna to its restaurants, which is mixed with mayonnaise and used in freshly made sandwiches, wraps and salads that are served to and enjoyed by our guests.”
Subway subsequently launched into aggressive PR mode, including a pop-up ad on the chain’s website, which offers a 15% promotional code for a foot-long tuna sub. The headline of the ad reads: “100% REAL WILD CAUGHT TUNA 100% DELICIOUS”. The coupon code for the offer: ITSREAL.
A representative for the law firm representing the plaintiffs told Today.com, “The firm’s litigation team and its supporting counsel are currently in the initial stages of litigation and preparing for an April court appearance,” at which a trial date may be set.
In 2013, three men filed individual claims against Subway, alleging that the chain’s famous foot-long subs measured only 11 inches long. A court ultimately dismissed the lawsuits. Then, in September of last year, the Irish Supreme Court ruled that the chain’s heated sandwich bread, by definition, is not bread because it contains too much sugar.Subway Sued Over Fake Fish Sandwiches