Subway relieved of lawsuit, yet mystery remains

The dismissal of a lawsuit filed against Subway Restaurants Inc. remains fishy: although a federal judge tossed the suit that claimed the restaurant’s submarine sandwiches don’t contain tuna, Thursday’s decision fails to clarify what is actually in the sandwiches.

Instead, in response to Subway’s request that the suit is dropped because plaintiffs failed to allege they bought the sandwiches based on any alleged misrepresentations by the company, the U.S. District Court for the Northern District of California judge said that he would grant that motion but would allow the plaintiffs to resubmit their complaint, Bloomberg Law reported. 

The judge stated that he read the complaint and “struggled” to find any reliance claims, according to the news outlet.

Subway, accused of lying about the contents of its tuna subs, that they “do not contain 100% skipjack and yellowtail tuna, and/or do not consist of 100% tuna with respect to the fish portion of the product Defendants represent as tuna, per the complaint, celebrated the victory.

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