Subway ‘Fake Tuna’ Deception Lawsuit Advances on Third Try

Subway Restaurants Inc. still faces a proposed class suit alleging it misleads patrons about the tuna in its sandwiches and wraps, after a federal judge in California said one customer raised viable deception claims on the third try.

The first version of the “fake tuna” complaint alleged Subway’s offerings aren’t actual tuna, saying they are made with “a mixture of various concoctions” that imitate tuna’s appearance and texture.

That claim was withdrawn and plaintiffs Karen Dhanowa and Nilima Amin filed an amended complaint challenging the company’s representations that the fare was “100% sustainably caught skipjack and yellowfin tuna.”

Judge Jon ...