There is something fishy going on at Subway, a new lawsuit alleges. Or, rather, there is something not quite fishy enough. According to the plaintiffs, there is no tuna in the tuna sandwich, which is, as suggested by the name, a sandwich made of tuna.
Subway’s menu is quite explicit about what is supposed to be in the sandwich: “flaked tuna blended with creamy mayo then topped with your choice of crisp, fresh veggies.” But, the Washington Post reports, a recent California lawsuit claims that, in fact, “the ingredient billed as ‘tuna’ for the chain’s sandwiches and wraps contains absolutely no tuna.” In fact, according to the lawsuit, it is “made from anything but tuna,” based on independent lab tests that revealed the so-called tuna is instead “a mixture of various concoctions that do not constitute tuna, yet have been blended together by defendants to imitate the appearance of tuna.” An attorney for the plaintiffs, however, declined to specify what it is, only what it is not, which, again, is tuna.
The plaintiffs — two so far, although their lawyers hope to get the complaint certified as a class action, potentially opening it up to thousands more — are suing the sandwich company for “fraud, intentional misrepresentation, unjust enrichment and other claims under federal and state laws,” the Post explains. Not only were they “tricked” into eating non-tuna, they were tricked into overpaying for it, given that, the suit claims, “the fabricated ingredient they use in the place of tuna costs less money.”
Subway, for its part, disputes these allegations. The tuna, they say, is definitely tuna. And mayo.