There's something fishy about Subway's tuna fish salad sandwiches and wraps, but the menu items don't happen to incorporate any actual fish, consistent with a lawsuit filed against the fast-food chain.
What Subway bills as tuna may be a "mixture of varied concoctions that don't constitute tuna, yet are blended together by defendants to imitate the looks of tuna," consistent with the complaint.
Filed last week within the U.S. District Court for the Northern District of California on behalf of two California residents, Karen Dhanowa and Nilima Amin, the lawsuit contends the 2 "were tricked into buying food items that wholly lacked the ingredients they reasonably thought they were purchasing," supported its labeling.
"Consumers are consistently misled into purchasing the products for the commonly known and/or advertised benefits and characteristics of tuna when actually no such benefits might be had, as long as the products are actually barren of tuna," the suit claims.
"Conducting tests"
Alex Brown, an attorney with the Lanier firm who is representing Dhanowa and Amin within the case, said they're trying to work out what ingredients are utilized in Subway's tuna. "We are conducting tests to work out what it's . The lab tests so far have only told us what it is not ," he said in an email to CBS MoneyWatch.
In a statement, a spokeswoman for the corporate denied the claims laid call at the lawsuit. "There simply is not any truth to the allegations within the complaint that was filed in California," said Maggie Truax, director of worldwide PR. "Subway delivers 100% cooked tuna to its restaurants, which is mixed with mayonnaise and utilized in freshly made sandwiches, wraps and salads that are served to and enjoyed by our guests."
According to the company's website, the tuna fish salad within the chain's sandwiches is formed with flaked tuna in brine, mayonnaise and a flavor-protecting additive.
"Unfortunately, this lawsuit is a component of a trend during which the named plaintiffs' attorneys are targeting the food industry in an attempt to form a reputation for themselves therein space," Truax said.
If certified as a class-action, the suit could potentially represent thousands of Subway customers who bought tuna sandwiches or wraps after January 21, 2017, in California, where it's 2,266 locations.
The suit is not the first legal dispute that raised questions on Subway's products. Ireland's Supreme Court in September ruled that the bread Subway uses in its sandwiches couldn't legally be called bread due to its high sugar content. And in 2017, an appellate court threw out a class-action settlement over claims the chain's "footlong subs" where an in. shy of the length advertised.