Subway Chicken Sandwich Controversy Heads To Court in Class Action Lawsuit

A class action lawsuit accusing Subway of selling “real chicken” sandwiches that contain only 50% chicken DNA has been authorized by Quebec’s Court of Appeal.

Consumers who purchased a Subway chicken sandwich in Quebec between Feb. 24, 2014 and Dec. 31, 2017 are considered Class Members of the Subway class action lawsuit. If the case is successful, Class Members may be eligible to claim a refund for the Subway chicken sandwiches they purchased during the Class Period.

Subway Chicken Sandwich Controversy

In February 2017, CBC Marketplace published an article reporting on a DNA analysis that revealed the chicken in Subway chicken sandwiches contained “50% of chicken DNA, the rest being made up of soy.”

The DNA analysis was reportedly performed by a researcher at a Trent University laboratory.

The sandwich chain challenges the “low probative value” of the study.

The sandwich chain says the study is not signed or dated and fails to provide information about where the sandwiches it studied were acquired, other than that they were purchased from Subway franchises in Ontario. Subway filed a defamation suit against CBC for acting “recklessly and “maliciously” in its reporting, but the case was dismissed last year.

In February, Subway was ordered to pay CBC $500,000 in legal fees.

Subway Class Action Lawsuit: Sandwiches Misrepresented as Containing ‘Real Chicken’

Plaintiff Stéphane Durand subsequently launched a proposed chicken sandwich class action lawsuit accusing Subway of falsely representing that its sandwiches contained “real chicken.” He alleges he purchased Subway chicken sandwiches because he believed they were made of chicken.

At no time has Subway disclosed that the chicken products used in its chicken sandwiches contain only approximately 50% chicken, Durand alleges. He says that the Subway defendants and Subway franchisees leave an “impression” that the sandwiches contain pieces of 100% pure chicken.

According to the Subway class action lawsuit, Durand has bought and consumed Subway sandwiches at least 25 times in the last three years, most of which were roast chicken sandwiches. After learning of the CBC Marketplace report, Durand believed that Subway made false representations that their sandwiches are “chicken” when they actually contain a significant amount of soy.

The Subway class action lawsuit asserts claims for violations of the Consumer Protection Act and the Competition Act. Durand points out that each Subway franchisee is obligated to use and sell only products supplied by the defendants, and that they are therefore accountable for supplying the chicken to the franchise restaurants that are provided to Class Members.

Durand filed the Subway class action lawsuit on behalf of a proposed Class that includes any natural person who purchased a chicken sandwich from a Subway restaurant in Quebec between Feb. 24, 2014 and Dec. 31, 2017.

Subway denies the allegations and maintains that its “recipes contain less than 1% soy protein.”

According to the court documents, Subway argues that the chicken sandwich class action lawsuit does not provide evidence supporting its claim that Subway represents that its chicken sandwiches contain pieces that are made exclusively of chicken.

The allegations in the Subway chicken sandwich class action lawsuit have not been tested in court.

Appeals Court Allows Subway Class Action Lawsuit to Move Forward

Durand appealed a Feb. 19, 2019 decision by the Superior Court rejecting his request to authorize the Subway chicken sandwich class action lawsuit. On Dec. 4, Quebec’s Court of Appeal rejected the Superior Court’s judgment and authorized the Subway class action lawsuit to proceed to trial.

The appellate court found that the Superior Court had imposed a heavy burden on Durand at this stage of the litigation. The court said that it is only necessary at the authorization stage to establish the existence of an “arguable case,” and determined that Durand had satisfied this requirement.

The chicken sandwich allegations may now have the chance to be heard at trial, and a judge will determine whether Subway misrepresented its chicken sandwiches.

If the Subway chicken sandwich class action lawsuit is successful, the sandwich chain may be on the hook to provide refunds to Class Members. Subway could also potentially be liable for punitive damages.

Have you purchased Subway chicken sandwiches? What do you think of the allegations that Subway misrepresented its sandwiches as containing “real chicken”? Tell us your thoughts in the comments section below.

The Subway Chicken Sandwiches Class Action Lawsuit is Stéphane Durand v. Subway Franchise Systems of Canada, Case No 500-09-028190-197, in the Quebec Court of Appeal, Montreal.

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