SUBWAY’S tuna sandwich contains “no scintilla of tuna at all," two women have claimed in a $5million lawsuit against the fast food giant.
The California pair claim the popular Subway tuna sandwich actually contains none of the tuna fish at all and they have been duped by the fast food joint.
Karen Dhanowa and Nilima Amin, both of Alameda County, say they ordered tuna from the sandwich chain’s stores as recently as last year, according to a federal lawsuit filed in the Northern District of California last week.
But, “independent testing has repeatedly affirmed, the products are made from anything but tuna,” the court papers allege.
“The filling in the products has no scintilla of tuna at all,” claims the lawsuit, the New York Post on Thursday.
While Subway strenuously denies the alleged lack of tuna, the women claim in their legal challenge it is “made from a mixture of various concoctions that do not constitute tuna, yet have been blended together by defendants to imitate the appearance of tuna."
The filing alleges this has been done as a money-saving exercise, to “increase profits at the expense of unsuspecting buyers” who have shelled out $4.25 for one of the six-inch tuna subs.
Dhanowa and Amin “were tricked into buying food items that wholly lacked the ingredient they reasonably thought they were purchasing,” the court papers allege.
The plaintiffs’ attorney, Shalini Dogra, told The Washington Post: “We found that the ingredients were not tuna and not fish.”
The duo have brought claims of fraud, intentional misrepresentation, negligent misrepresentation, and unjust enrichment against the company.
They want to have their claim certified as a class action, which would allow thousands of other potentially dissatisfied customers to join in the legal action.
Anyone wishing to join the lawsuit would have had to purchase a tuna sandwich or tuna wrap sometime after January 21, 2017.
'BASELESS AND FRIVOLOUS' LAWSUIT
A Subway spokesperson called the claims “baseless” and “frivolous” adding that they “are being pursued without adequate investigation.”
“There simply is no truth to the allegations in the complaint that was filed in California,” the spokesperson said in a statement.
“Subway delivers 100% cooked tuna to its restaurants, which is mixed with mayonnaise and used in freshly made sandwiches, wraps and salads that are served to and enjoyed by our guests.”
The spokesperson said that the quality and taste of their tuna makes it one of their most popular products.
The allegations “threaten to damage our franchisees, small business owners who work tirelessly to uphold the high standards that Subway sets for all of its products, including its tuna,” the rep said.
“Subway will vigorously defend itself against these and any other baseless efforts to mischaracterize and tarnish the high-quality products that Subway and its franchisees provide to their customers, in California and around the world, and intends to fight these claims through all available avenues if they are not immediately dismissed,” the statement continued.
This is not the first legal battle that the fast food franchise has faced.
In September, Ireland’s Supreme Court ruled that there was too much sugar in Subway’s sandwiches for it to be considered “bread” – a legal distinction that could have given the company a tax break.
Source: Read Full Article