Subway again denies its tuna is altered as it faces another lawsuit with accusations it's not really fish

Subway tuna sandwich.
Photo Illustration by Justin Sullivan/Getty Image

Subway is facing another lawsuit about the contents of its tuna.
Plaintiffs say tests revealed pork, beef, and chicken in the tuna samples.
Subway says the new charge is "reckless and improper."

Subway is once again facing a legal fight over its tuna as the plaintiffs in the earlier lawsuit brought back their case.

In the newest iteration of the lawsuit, plaintiffs say not only did 19 of the 20 tuna samples that they tested contain no identifiable tuna DNA, but they all also contained other meats including pork, beef, or chicken, The Washington Post reported. Samples were tested at UCLA's Department of Ecology and Evolutionary Biology.

The lawsuit alleged Subway fraudulently tricks customers "into buying premium-priced food dishes based on the representation that the tuna products contained only tuna and no other fish species, animal products, or miscellaneous ingredients," the lawsuit alleges.

Subway denies any claims that its tuna contains any other proteins.

"Subway tuna is high-quality, wild-caught, 100% tuna. The plaintiffs have filed three meritless complaints, changing their story each time. This third, most recent amended claim, was filed only after their prior complaint was rightfully dismissed by a federal judge," a Subway spokesperson told Insider.

"Our legal team is in the process of evaluating the plaintiffs' amended claim, and will once again file a new motion to dismiss this reckless and improper lawsuit. The fact remains that Subway tuna is real and strictly regulated by the FDA in the US, and other government entities around the world."

A January lawsuit from the same plaintiffs alleged that Subway mislabeled tuna, and it did not contain actual tuna fish. Then, The New York Times published a report after testing tuna from three different Subway locations and found that "no amplifiable tuna DNA was present in the sample," which Subway immediately denied.

In July, Subway did a major menu overhaul, but made no changes to the tuna, which it maintains is one of its most popular sandwiches.

In October, a California judge dismissed the earlier lawsuit and said that the plaintiffs did not meet the legal standards to sue the chain.

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