Subway Tuna Lawsuit Sees Major Update

The Subway tuna saga may be coming to an end. After filing a class-action lawsuit back in 2021 claiming that Subway’s tuna is “made from anything but tuna,” Nilima Amin of Alameda County, California filed a motion earlier this month seeking to dismiss the case in San Francisco federal court without prejudice.

In the filing, per Reuters, Amin cited her current third pregnancy as the reason she is seeking to dismiss the case. Per the filing, Amin’s pregnancy is described as “debilitating,” noting that she has been suffering from “severe” morning sickness. The filing notes that her “debilitating” condition has left her “unable to proceed with the obligations as plaintiff” and instead requires her to focus on her health and her family. Amin is seeking to have the case dismissed in San Francisco federal court without prejudice, which Reuters notes would allow her to sue again once she is feeling better.

Responding to the latest update in the case, Subway in a May 4 filing requested that Amin’s proposed class action be dismissed and also sought her seven lawyers to pay at least $618,000 of its legal bills. The company said Amin’s allegations failed the “straight-face” test, adding that her lawyers likely realized it would not “simply pay the windfall settlement that they hoped to get by constructing a high-profile shakedown.” Subway also noted that the “media frenzy” caused by the lawsuit caused severe harm, and faulted Amin’s “ever-changing” theories.

The controversy surrounding Subway’s tuna began in January 2021 when Amin filed a lawsuit against Subway accusing the company of fraud, false advertising, and unfair competition and seeking restitution, punitive damages, and “disgorgement of all ill-gotten gains.” The lawsuit was in response to issues regarding Subway’s tuna, which Amin claimed was not actually tuna. Amin’s lawsuit includes a study from a marine biologist who could find “no detectable tuna DNA sequences whatsoever” in 19 of 20 samples from different Subway restaurants. The tests instead found other types of animal DNA in the samples, including chicken and pork, according to the lawsuit.

Amid the lawsuit, Subway has maintained that its tuna is real tuna, arguing that its tuna sandwich does include other ingredients like mayonnaise, which contains eggs. In a previous statement to NPR, a Subway spokesperson said, “Subway serves 100% tuna. We are disappointed the Court felt it couldn’t dismiss the plaintiffs’ reckless and improper lawsuit at this stage.”