Subway can be sued for allegedly attempting to deceive customers about its tuna products when a marine biologist found 20 samples includes chicken, pork and cattle, according to a federal judge. A Reuters report said U.S. District Judge Jon Tigar calls it “premature” to accept Subway’s argument that the non-tuna DNA found in the tuna comes from the eggs in the brand’s mayonnaise or cross-contamination with the meats the restaurants serve to guests, like roast beef, ham and chicken.
“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 last week.
Tigar, who serves out of San Francisco, also said plaintiff Nilima Amin could attempt to prove that Subway’s tuna-based items “wholly lack tuna.” Amin is suing Subway for allegedly deceiving customers about its 100% tuna menu items.
In a statement, Subway said it “serves 100% tuna” and was disappointed the lawsuit could continue.
“We are confident that Subway will prevail when the court has an opportunity to consider all the evidence,” the brand said.
Subway operates more than 37,000 restaurants around the globe.