Subway ‘Fake Tuna’ Suit Dropped, but Chain Can’t Recover Costs

Subway Restaurants Inc. and lead plaintiff Nilima Amin have stipulated to the final dismissal of her proposed class suit challenging the chain’s portrayal of tuna products it sells, the US District Court for the Northern District of California said.

But Judge Jon S. Tigar declined to compel Amin’s attorneys to pay Subway’s legal fees and costs as a sanction for bringing what the restaurant chain has maintained was a frivolous lawsuit.

In April, Amin asked the court to let her voluntarily drop the suit because of pregnancy-related health complications.

Amin and Karen Dhanowa sued in 2021, alleging Subway’s “tuna” offerings ...