Subway has had enough and would prefer to focus on sandwiches. The sandwich chain has asked a federal judge to throw out a lawsuit against it, calling it frivolous. Two people in California filed a class-action lawsuit—Amin at el v Subway Restaurants Inc et al—earlier this year claiming there’s no tuna in Subway’s tuna salad sandwiches. Then, the lawsuit walked back the claim, asking only for proof that the tuna was “100% sustainably caught skipjack and yellowfin tuna.” That’s an accusation that is hard to reconcile with claiming Subway labeling tuna as tuna is "malicious."
Meanwhile, Subway says the bad press stemming from the accusation, including a write-up in the New York Times, has had a lousy effect on sales. While the lab used by that newspaper couldn’t find tuna DNA in that sandwich, the report pointed out that cooked and processed fish would not be especially likely to have DNA that could be analyzed by a lab. Subway’s filing called the claims "unsupportable." The sandwich chain has some prior experience with the harm of frivolous cases, having been stuck with a huge legal bill for suing the CBC for (falsely) claiming there's soy in Subway’s chicken. (Just don’t ask about how their bread is actually cake.)