Something Fishy’s Going On

Subway Restaurants Inc. is commending a federal court judge who last week dismissed claims by California consumers that it misrepresented its tuna.

“We commend the court for dismissing the reckless and improper lawsuit surrounding Subway’s tuna,” a Subway spokesperson said in a statement.

The judge noted that he “struggled” to find any reliance claims in the complaint.

Plaintiffs Karen Dhanowa and Nilima Amin sought a class action in January and amended their claims in June. Dhanowa and Amin had argued that Subway made intentionally false and misleading representations about the tuna sandwiches containing either sustainably caught skipjack or yellowtail tuna, or “tuna species that come from anything less than healthy stocks, for example Albacore and Tongol,” according to court filings.

The lawsuit argued the plaintiffs were harmed by paying a premium price for a product that is misrepresented, and that Subway should have known about vulnerabilities in the tuna supply chain that could have resulted in the product being adulterated or inferior.

Subway alleged the plaintiffs failed to prove they bought the sandwiches based on any alleged misrepresentations by the company. However, the judge indicated the lawsuit could be resubmitted.