Sandwich chain Subway can be sued over claims it is allegedly misleading customers when it says its tuna products are in fact '100% tuna,' a federal judge ruled.
Jorg Carstensen / dpa/picture alliance via Getty Images fileThe sandwich chain Subway can be sued over claims that it is misleading customers when it says its tuna products are"100% tuna," a federal judge in California said Monday.claims Subway's tuna products “partially or wholly lack tuna as an ingredient”The claims are based on testing performed at a UCLA marine biology laboratory. The biologist who performed the tests, Paul Barber, could not immediately be reached for comment.
Subway has responded by saying any product that is not tuna in its tuna products would most likely be the result of cross-contact as one of its employees prepares a sandwich. But even if that is the case, the “100% tuna” claim might still be inaccurate, U.S. District Judge Jon Tigar said. “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 said.Subway did not immediately respond to a request for comment.
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