Subway Tuna Fish Sandwich Lawsuit ‘Outrageous,’ Says Co in Bid To Dismiss Class Action

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Subway Tuna Fish Lawsuit Overview: 

• Who: Subway Restaurants Inc. 
• What: The national chain is fighting a Subway tuna fish sandwich lawsuit claiming the company misled consumers about the content of the popular menu item. 
• Where: Subway asked a judge to dismiss a “baseless” class action lawsuit filed on behalf of California consumers in that state’s federal court.

Calling the Subway tuna fish lawsuit claims about the origins of the chain’s seafood “wholly speculative and unsupportable,” the eatery asked a California judge to toss the class action in court documents filed Friday.  

Subway Tuna Fish Sandwich Lawsuit Claims 

In January, the class action lawsuit claiming Subway’s tuna sandwiches and wraps have absolutely no tuna in them was filed in California federal court. The Californians who filed the Subway class action lawsuit alleged “they were tricked into buying food items that wholly lacked the ingredient they reasonably thought they were purchasing.” 

 The class action lawsuit has since been amended to remove the lack of tuna allegations and instead question whether Subway uses “100% sustainably caught skipjack and yellowfin tuna.” The company pounced on these changes in its motion to dismiss the Subway tuna fish lawsuit, claiming the plaintiffs had failed to offer facts supporting their claims that the eatery misled consumers.  

“After first baldly claiming that Subway’s tuna was not tuna, a demonstrably false claim that was quickly abandoned, the plaintiffs — still without a scintilla of actual factual support — now allege that tuna wraps, sandwiches or salads purchased from a Subway restaurant in California at some point during a three year period may not have been ‘100% sustainably caught skipjack and yellowfin tuna’ and/or might have contained ‘tuna species that come from anything less than healthy stocks, for example Albacore and Tongol.’ Plaintiffs offer no facts to support these allegations,” states Subway’s motion to dismiss.  

Co Fights Subway Tuna Fish Lawsuit and Other Claims 

Subway Restaurants Inc has faced a rough year when it comes to claims about the material making up its tuna fish sandwich. In addition to the Subway tuna fish lawsuit, an independent lab reportedly said in June that it could not find any identifiable tuna DNA in multiple samples provided by a New York Times reporter. 

The company has fought the Subway tuna fish lawsuit claims and doubled down in the public sphere. Since the no tuna report in June, Subway introduced an “Eat Fresh Refresh” that featured substantial changes to every item except the tuna.  

“While many of Subway’s core protein choices were improved as part of the Eat Fresh Refresh, one ingredient that doesn’t need an upgrade is the Subway high-quality, premium tuna,” said the company in a press release.  

Do you eat Subway’s sandwiches or wraps? Have you tried Subway’s tuna sandwich? Tell us your thoughts in the comment section below!  

The plaintiffs are represented by Shalini Dogra of Dogra Law Group PC.  

The Subway’s Tuna Sandwich Class Action Lawsuit is Nilima Amin, et al., v. Subway Restaurants Inc., et al., Case No. 4:21-cv-00498-DMR, in the United States District Court Northern District of California. 

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