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Wednesday, May 13, 2026

Judge refuses to dismiss entirety of Subway tuna false-claims lawsuit - SeafoodSource

A U.S. federal court judge has refused to dismiss part of a class-action lawsuit against Subway alleging the restaurant chain does not use 100 percent tuna in its tuna sandwiches and wraps.

However, the judge agreed with Subway on some of its motions to dismiss the suit.

Plaintiffs Karen Dhanowa and Nilima Amin filed the complaint against Subway Restaurants in January 2021 in the U.S. District Court for the Northern District of California. They first claimed Subway tuna products contain a mixture of various ingredients that do not constitute tuna, “yet have been blended together by [Subway] to imitate the appearance of tuna,” according to the complaint.

In an amended complaint filed in June 2021, the plaintiffs shifted focus to Subway’s marketing and advertising claims that its tuna is 100 percent sustainably-caught skipjack and yellowfin tuna.

In a new order, U.S. District Court Judge Jon S. Tigar partially granted and partially denied a motion by Subway to dismiss the amended complaint. Tigar said consumers understand that tuna salad is made with a variety of ingredients, such as mayonnaise, but that they have a reasonable expectation of Subway’s products “other fish species, animal species, or miscellaneous products,” which the plaintiffs alleged in November 2021.

"Subway argues that any non-tuna DNA discovered when testing its tuna products must come from the eggs in mayonnaise or from cross-contact with other Subway ingredients. Although it is possible that Subway’s...



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