Subway: Difference between revisions

}}Founded in 1965, [[wikipedia:Subway_(restaurant)|Subway IP LLC]] is an American food restaurant specializing in submarine sandwiches with 20,127 locations in the United States.   

In September 1999, an increasing number of hepatitis-A cases began surfacing around individuals located in Northeast Seattle and Snohomish County Washington, resulting in health officials conducting an survey on infected individuals that resulted in 18 of 21 reported gaining Hepatitis-A at a Subway location by November 5. Later on, it was confirmed that 6 more individuals gained hepatitis-A after eating at two Subway locations. It is estimated that 40 people had became ill because of the outbreak, with some cases resulting in individuals being hospitalized, however most recovered from their illness.<ref>{{Cite web |last=Marler |first=Bill |date=7 March 2010 |title=Subway hit with another foodborne illness outbreak – this time bacteria, not viral |url=https://www.foodpoisonjournal.com/foodborne-illness-outbreaks/subway-hit-with-another-foodborne-illness-outbreak-this-time-bacteria-not-viral/ |url-status=live |access-date=12 March 2026 |website=Marler Clark}}</ref>

 

This resulted in several lawsuits from affected individuals , with one containing 29 affected individuals reaching a $1.06 million settlement in 2000.<ref name=":1">{{Cite web |date=3 July 2001 |title=Subway settles hepatitis suit for $10 million |url=https://www.deseret.com/2001/7/3/19594580/subway-settles-hepatitis-suit-for-10-million/ |url-status=live |access-date=12 March 2026 |website=Dessert News}}</ref><ref>{{Cite web |date=15 August 2000 |title=USA: Seattle Law Firm Obtains $1.06 Million Settlement On Behalf of Hepatitis Outbreak Victims |url=https://www.just-food.com/news/usa-seattle-law-firm-obtains-1-06-million-settlement-on-behalf-of-hepatitis-outbreak-victims/?cf-view |url-status=live |access-date=12 March 2026 |website=Just Food}}</ref> Another lawsuit was filed in February 2000 by families members after Christian Decker (who was 6 at the time) was hit with Hepatitis-A after him and his family went to Subway in September 1999. Christian Decker was hospitalized at Children's Hospital & Regional Medical Center, where he had to obtain an liver and a undisclosed transplant, resulting in him being on immuno-suppressants drugs for the rest of his life. In a per-trial hearing, subway was denied exemption from the case, however the details surrounding the attempt remained unknown.  Around June 2001, a $10 million settlement was reached that required the Doctor Association pay $6 million, Subway Northwest $2 million, and Thomas Sandstedt and Lisa Nguyen $2 million.<ref name=":1" /><ref name=":2">{{Cite web |last=Bartley |first=Nancy |date=3 July 2001 |title=Subway to pay $10 million to settle boy's hepatitis suit |url=https://archive.seattletimes.com/archive/20010703/subway03m0/subway-to-pay-10-million-to-settle-boys-hepatitis-suit |url-status=live |archive-url=https://web.archive.org/web/20260313045628/https://archive.seattletimes.com/archive/20010703/subway03m0/subway-to-pay-10-million-to-settle-boys-hepatitis-suit |archive-date=13 March 2026 |access-date=12 March 2026 |website=The Seattle Times}}</ref>

 

Mark Honeywell, attorney for subway, responded to the aftermath of the situation by saying "it's hard to find a more deserving plaintiff". He states that the company should've been exempt from the suit because the company had no control over the employees and have "only a contract for making inspections".<ref name=":2" />

The lawsuit reached a settlement in 2015, compensating customers who ordered between January 1, 2003 through October 2 2015 $500, and gave the plaintiffs $520,000 for attorney fees.<ref>{{Cite web |last=Luperon |first=Alberto |date=19 February 2026 |title=Subway Settles Lawsuit Claiming 'Footlongs' Were Too Short |url=https://lawandcrime.com/high-profile/subway-settles-lawsuit-claiming-footlongs-were-too-short/ |url-status=live |access-date=12 March 2026 |website=Law&Crime}}</ref><ref>{{Cite web |last=Bucher |first=Anne |date=19 October 2015 |title=Subway Footlong Sandwich Class Action Settlement |url=https://topclassactions.com/lawsuit-settlements/closed-settlements/subway-footlong-sandwich-class-action-settlement/ |url-status=live |access-date=12 March 2026 |website=Top Class Action}}</ref>

Karen Dhanowa and Nilima Amin filed a lawsuit against Subway in January 21, 2021 over the company's deceptive advertising practices regarding and a lab study conducted by Paul Barber showcasing Subways tuna being a mix of chicken, cattle, and pork. The plaintiffs  claimed they were deceived into buying food items that lacked tuna.<ref>{{Cite web |last=Rizzi |first=Corrado |date=19 February 2021 |title=Subway 'Tuna' Products Contain No Real Tuna Whatsoever, Class Action Claims [UPDATE] |url=https://www.classaction.org/news/subway-tuna-products-contain-no-real-tuna-whatsoever-class-action-claims |url-status=live |access-date=10 March 2026 |website=ClassAction}}</ref>  On June 7, the plaintiffs filed an amended complaint, alleging the company "misrepresents its products as %100 tuna". The case was dismissed with leave to amend on October 7, 2021, with the judge citing failure to" identify the specific representation that Subway made about the tuna".<ref>{{Cite web |last=Edwards |first=Jessy |date=14 August 2023 |title=Judge dismisses 100% tuna class action against Subway |url=https://topclassactions.com/lawsuit-settlements/consumer-products/food/subway-tuna-lawsuit-dismissed-but-plaintiffs-can-file-again-judge-says/ |url-status=live |access-date=10 March 2026 |website=Top Class Action}}</ref><ref name=":0">{{Cite web |last=Firstman |first=AJ |date=7 August 2023 |title=Subway Tuna Lawsuit Gets Canned |url=https://www.findlaw.com/legalblogs/legally-weird/subway-tuna-lawsuit-gets-canned/ |url-status=live |access-date=12 March 2026 |website=Findlaw}}</ref><ref>{{Cite web |last=Wile |first=Rob |date=11 July 2022 |title=Judge rules Subway can be sued over claims that its tuna sandwiches contain other fish species or animal products |url=https://www.nbcnews.com/business/business-news/judge-rules-subway-can-sued-claims-tuna-sandwiches-contain-fish-specie-rcna37707 |url-status=live |access-date=12 March 2026 |website=NBC News}}</ref>

The plaintiffs then made a second amended complaint, alleging subway tuna products are a mix of various animal and fish products due to the products lacking any trace of tuna DNA.<ref name=":0" /> Subway responded by claiming the tests was inaccurate, claiming it can come from cross contamination with other ingredients. The judge dismissed the case without prejudice on July 8, 2022, claiming a lack of evidence.<ref>{{Cite web |date=12 March 2026 |title=UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA |url=https://www.courthousenews.com/wp-content/uploads/2022/07/amin-subway-mtd-order.pdf |url-status=live |access-date=12 March 2026 |website=Courthouse News}}</ref>

A spokesperson from subway responded to the dismissal, citing;<blockquote>“The second complaint was rightfully dismissed by a federal judge. Our legal team has reviewed the plaintiffs’ newly amended complaint and has filed a second motion to dismiss this reckless and improper lawsuit. The fact remains that Subway tuna is real and strictly regulated by the FDA in the U.S. and other government entities around the world"</blockquote>https://www.npr.org/2022/07/13/1111270816/subway-tuna-lawsuit

 

https://www.nbcnews.com/business/business-news/judge-rules-subway-can-sued-claims-tuna-sandwiches-contain-fish-specie-rcna37707

https://www.cbsnews.com/news/subway-tuna-lawsuit-dismissed/

Estimated around June 3 2016, Shane Flaum purchased a turkey salad from Subway, receiving an receipt that showcased the expiration date and last 4 digits of his debit card number. A few days later, Shane Flaum filed a lawsuit against Subway for violating the Fair and Accurate Credit Transactions Act, seeking $1000 in damages for each illegal receipt over the last two years that covers more than five digits of individuals credit/debit card or expiration dates.<ref>{{Cite web |last=Rizzi |first=Corrado |date=14 November 2016 |title=Purchase of Turkey Salad Leads to FACTA Class Action Against Subway |url=https://www.classaction.org/news/purchase-of-turkey-salad-leads-to-facta-class-action-against-subway |url-status=live |access-date=8 March 2026 |website=ClassAction}}</ref><ref>{{Cite web |last=Dugan |first=James |last2=Bower |first2=Elizabeth |last3=Alvarez |first3=Daniel |date=23 March 2017 |title=Subway Settles FACTA Class Action Lawsuit for Record-Breaking $30.9 Million in Bellwether for High-Stakes Data Privacy Litigation |url=https://www.willkie.com/-/media/files/publications/2017/03/subway_settles_facta_class_action_lawsuit.pdf |url-status=live |access-date=12 March 2026 |website=Willkie Farr & Gallagher LLP}}</ref> On March 21, 2017, Subway reached a $30.9 million settlement compensating customers credit/debit card orders between January 1, 2016 and March 23, 2017, varying up to $52.92 per customer.<ref>{{Cite web |last=Sortor |first=Emily |date=31 May 2019 |title=Subway Credit Card Receipts Settlement Checks Mailed |url=https://topclassactions.com/lawsuit-settlements/class-action-settlement-checks-mailed/subway-credit-card-receipts-settlement-checks-mailed/ |url-status=live |access-date=12 March 2026 |website=Top Class Action}}</ref>

In June 2016, David Rahmany and Yehuda Rahmany filed a lawsuit against [[T-Mobile US|T-mobile]] and Subway after receiving a text message from T-mobile that  reads; ""This T-Mobile Tuesday, Score a free 6 Oven Roasted Chicken sub at Subway, just for being w/ T-Mobile. Ltd supply. Get app for details: http://t-mo.co/ " The plaintiffs claimed it violated the Telephone Consumer Protection Act, allegedly using an autodialer to spam T-mobile users an Subway  6-inch Oven Roasted Chicken sub advertisement.<ref>{{Cite web |date=10 March 2026 |title=UNITED STATES DISTRICT COURT WESTERN DISTRICT OF WASHINGTON |url=https://storage.courtlistener.com/recap/gov.uscourts.wawd.236049.1.0.pdf |url-status=live |access-date=10 March 2026 |website=CourtListener}}</ref>  On September 8, the plaintiffs dropped their claims against T-mobile, however the motive remains unknown.<ref>{{Cite web |last=Milano |first=Ashley |date=5 October 2016 |title=Subway, T-Mobile Face Text Message Class Action Lawsuit |url=https://topclassactions.com/lawsuit-settlements/consumer-products/subway-t-mobile-face-text-message-class-action-lawsuit/ |url-status=live |access-date=10 March 2026 |website=Top Class Action}}</ref><ref>{{Cite web |date=10 March 2026 |title=NOTICE OF VOLUNTARY DISMISSAL OF DEFENDANT T-MOBILE USA, INC. PURSUANT TO FED. R. CIV. P. 41(a)(1)(A) WITHOUT PREJUDICE |url=https://storage.courtlistener.com/recap/gov.uscourts.wawd.236049.5.0.pdf |url-status=live |access-date=10 March 2026 |website=CourtListener}}</ref> The case is still in progress as of March 2026.   

in April 2019, subway was sued by Marina Soliman for repeatedly sending promotional advertisements to customers regardless if they responded to opt-out with "stop". She claimed that through use of an automatic dialing system containing a list of phone numbers from customers, it constitutes as a violation of the Telephone Consumer Protection Act.<ref>{{Cite web |last=Smith |first=Anna |date=19 July 2022 |title=Subway class action over unsolicited spam texts dismissed |url=https://topclassactions.com/lawsuit-settlements/tcpa/arbitration-not-an-option-for-subway-unwanted-texts-class-action-lawsuit/ |url-status=live |access-date=10 March 2026 |website=Top Class Action}}</ref> The case was dismissed on July 18, 2022, claiming the Telephone Consumer Protection Act applies to randomly or sequentially generated phone numbers systems and "artificial or prerecorded voices" doesn't apply to text messages.<ref>{{Cite web |date=10 May 2024 |title=UNITED STATES C OURT OF APPEALS FOR THE SECOND C IRCUIT |url=https://www.consumerfinancialserviceslawmonitor.com/wp-content/uploads/sites/880/2024/05/Soliman-v.-Subway-Franchisee-Advertising-Trust-opinion.pdf |url-status=live |access-date=10 March 2026 |website=Lawmonitor}}</ref>

In 2019, Malka Fishman sued Subway and T-mobile for allegedly sending messages using automatic telephone dialing system from T-Mobile that contains Subway/T-Mobile promotional advertising. She claims she gave consent to receiving text messages from T-Mobile regarding its wireless telephone services, however she gave the company no consent towards receiving advertisement messages from subway. The court granted motion to denied several dismissals;<ref>{{Cite web |date=10 March 2026 |title=United States District Court Central District of California |url=https://cases.justia.com/federal/district-courts/california/cacdce/2:2019cv02444/741648/37/0.pdf?ts=1574245847 |url-status=live |access-date=10 March 2026 |website=Justia}}</ref><ref>{{Cite web |last=Sortor |first=Emily |date=17 April 2019 |title=Subway Class Action Says ‘Free Sub’ Texts Violate Federal Law |url=https://topclassactions.com/lawsuit-settlements/tcpa/subway-class-action-says-free-sub-texts-violate-federal-law/ |url-status=live |access-date=10 March 2026 |website=Top Class Action}}</ref>

[[File:Subway Steak & Cheese actual received product.png|thumb|Subway Steak & Cheese received]]