July 11 Reuters A federal judge said Subway can be sued for allegedly deceiving customers about its tuna products, including a claim it uses other fish species, chicken, pork and cattle instead of the advertised 100 tuna.

U.S. District Judge Jon Tigar in San Francisco called it premature to accept Subway39;s argument that any presence of nontuna DNA might result from eggs in mayonnaise, or crosscontact with other ingredients that its restaurants39; employees handle.

Although it is possible that Subway39;s explanations are the correct ones, it is also possible that these allegations refer to ingredients that a reasonable consumer would not reasonably expect to find in a tuna product, Tigar ruled on July 7.

The judge also said the plaintiff Nilima Amin, an Alameda County resident who claimed to order Subway tuna products more than 100 times from 2013 to 2019, could try to prove that the salads, sandwiches and wraps wholly lack tuna.

He rejected Amin39;s argument that reasonable consumers would expect only tuna and nothing else, calling it a fact of life that tuna products could contain mayonnaise and bread. Tigar also dismissed another plaintiff from the case.

In a statement, Subway said it serves 100 tuna and was disappointed the reckless and improper lawsuit could continue.

We are confident that Subway will prevail when the court has an opportunity to consider all the evidence, it added.

Amin39;s lawyers did not immediately respond to requests for comment….