Federal Court in California Dismisses Sustainable Tuna Lawsuit

The U.S. District Court for the Northern District of California dismissed a lawsuit against the Subway restaurant chain in which plaintiffs argued that the restaurant committed fraud and violated California consumer protection laws when it advertised its tuna as “100% sustainably caught skipjack and yellowfin tuna.” The court found that, regardless of Subway’s widespread marketing campaign, plaintiffs were unable to demonstrate that they acted in reliance on any of Subway’s representations prior to purchasing tuna sandwiches.