Judge rules Subway can be sued over '100% tuna' claim

SAN ANSELMO, CALIFORNIA - JUNE 22: A tuna sandwich from Subway is displayed on June 22, 2021 in San Anselmo, California. A recent lab analysis of tuna used in Subway sandwiches commissioned by the New York Times did not reveal any tuna DNA in samples taken from Subway tuna sandwiches. The lab was unable to pinpoint a species in the tuna samples from three Los Angeles area Subway sandwich shops.
Photo credit (Photo Illustration by Justin Sullivan/Getty Images)

A federal judge is allowing a woman to file a lawsuit against Subway after she says the restaurant chain misled her by claiming their sandwiches contain "100% tuna."

Subway sought to dismiss the lawsuit, which claims lab testing shows the tuna contains animal products such as chicken, pork and cattle, but a judge determined the case should move forward.

The lawsuit, filed in U.S. District Court, claims that Subway has "been making false and misleading representations about tuna being used as an ingredient." A study of 20 Subway tuna samples found that 19 samples had "no detectable tuna DNA sequences" while all 20 contained detectable chicken DNA, 11 contained pork DNA and 7 contained cattle DNA, the lawsuit alleges.

Subway, which previously called the lawsuit "meritless," maintains it serves 100% tuna.

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Featured Image Photo Credit: (Photo Illustration by Justin Sullivan/Getty Images)