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There’s something fishy about Subway’s tuna salad sandwiches and wraps, but menu items don’t include actual fish, according to a lawsuit against the fast food chain.
What Subway calls tuna is a “mixture of various preparations which do not constitute tuna, but which have been mixed by the defendants to mimic the appearance of tuna,” according to the complaint.
Filed last week in U.S. District Court for the Northern District of California on behalf of two California residents, Karen Dhanowa and Nilima Amin, the lawsuit argues that the two “were tricked into buying food products that absolutely did not contain the ingredients they reasonably expected to buy., “based on its labeling.
“Consumers are constantly misled into purchasing products for the commonly known and / or advertised benefits and characteristics of tuna when in fact no such benefit could be obtained, as the products are in fact devoid of tuna, “the lawsuit says.
“Carrying out tests”
Alex Brown, an attorney for the Lanier law firm who represents Dhanowa and Amin in the case, said they were trying to determine what ingredients are used in Subway’s tuna. “We’re doing tests to figure out what it is. The lab tests so far have only told us what it isn’t,” he said in an email to CBS MoneyWatch.
Subway did not respond to a request for comment. According to the company’s website, the tuna salad in the chain’s sandwiches is made with brined flake tuna, mayonnaise, and a flavor-protecting additive.
If certified as a class action suit, the lawsuit could potentially represent thousands of Subway customers who purchased tuna sandwiches or wraps after January 21, 2017, in California, where it has 2,266 locations.
The lawsuit is not the first legal dispute that has raised questions about Subway products. Supreme Court of Ireland in September ruled that the bread Subway uses in its sandwiches could not legally be called bread due to its high sugar content. And in 2017, an appeals court dismissed a class action settlement over claims by the channel’s “footlong subs” where a shy thumb of the advertised length.
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