The California woman suing Subway, claiming its tuna products contain ingredients other than tuna, is seeking to end her lawsuit because she is pregnant, causing Subway to demand her lawyers be sanctioned for bringing a frivolous case.
Nilima Amin revealed her “severe” morning sickness and “debilitating” conditions as she prepares for a third child have left her “unable to proceed with the obligations as plaintiff,” and require her to focus on her health and family. Amin wants to dismiss the case in San Francisco federal court without prejudice, which would let her sue again when she feels better.
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In a May 4 filing, Subway responded back saying Amin’s pregnancy “excuse” flunked the “straight-face” test, and 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 said the “media frenzy” from the lawsuit caused the company severe harm, and let it be know that the companies tuna sandwiches, salads and wraps do contain “100% tuna.” The chain wants Amin’s proposed class action dismissed, and her seven lawyers to pay at least $618,000 of its legal bills.
As we previously reported, A federal judge ruled on July 7 that the sandwich chain can be sued for allegedly misleading customers by characterizing its tuna products as made with “100% tuna.”
As first announced by NBC News, Judge Jon Tigar of the United States District Court for the Northern District of California agreed on the ruling last Thursday in response to lawsuits brought forth in 2021 two residents of Oakland, California. Subway has responded to these allegations by saying any non-tuna product found in its tuna products would most likely be the result of cross-contamination while the sandwich is being prepared by staff.
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In a statement to TODAY, a Subway spokesperson previously said, “Subway serves 100% tuna. We are disappointed the Court felt it couldn’t dismiss the plaintiffs’ reckless and improper lawsuit at this stage. However, we are confident that Subway will prevail when the Court has an opportunity to consider all the evidence. To learn more about Subway’s real wild-caught tuna, please visit SubwayTunaFacts.com.”
Dhanowa and Amin accused Subway of selling customers tuna sandwiches that “partially or wholly lack tuna as an ingredient.” Dhanowa and Amin’s complaint claimed to represent customers of the franchise who purchased tuna sandwiches that “entirely lack any trace of tuna as a component, let alone the main or predominant ingredient.”
At the time, a Subway spokesperson told TODAY, “There simply is no truth to the allegations in the complaint that was filed in California. Subway delivers 100% cooked tuna to its restaurants, which is mixed with mayonnaise and used in freshly made sandwiches, wraps, and salads that are served to and enjoyed by our guests.”