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Civil Litigation

Jul. 13, 2022

Third time is a charm for claim that Subway tuna isn’t fishy

The plaintiffs say DNA testing showed many other things in the sandwhich but rarely tuna.

A proposed class action that alleges Subway’s tuna sandwiches aren’t 100% tuna can proceed, a federal judge ruled.

The complaint filed in January 2021 has been amended three times, with Judge Jon Tigar of the Northern District of California dismissing it twice. Tigar ruled Thursday that the most recent version of the lawsuit, filed in November, can proceed. He said it would be premature to accept Subway’s argument that any non-tuna DNA fou...

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