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==Controversies== {{undue weight|date=May 2024}} ===Hepatitis A contamination=== In September 1999, at least 32 customers in [[Seattle]] contracted [[hepatitis A]] after eating food contaminated with the virus at two Subway outlets.<ref name=Columbian>{{cite news |title=Hepatitis Outbreak Triggers Lawsuit |work=[[The Columbian]] |location=Vancouver |date=November 14, 1999 |url=http://www.highbeam.com/doc/1P2-23436106.html |archive-url=https://web.archive.org/web/20150924191049/http://www.highbeam.com/doc/1P2-23436106.html |url-status=dead |archive-date=September 24, 2015 |via=[[HighBeam Research]] |access-date=June 5, 2015}}</ref> The virus, which is spread by eating or drinking food or water contaminated with infected feces, infects the liver causing nausea, vomiting, diarrhea, fatigue, and fever.<ref>{{cite journal |last1=Matheny |first1=SC |last2=Kingery |first2=JE |title=Hepatitis A. |journal=Am Fam Physician |date=December 1, 2012 |volume=86 |issue=11 |pages=1027–34; quiz 1010–2 |pmid=23198670 |url=http://www.aafp.org/afp/2012/1201/p1027.html |access-date=June 5, 2015 |archive-date=March 9, 2014 |archive-url=https://web.archive.org/web/20140309112808/http://www.aafp.org/afp/2012/1201/p1027.html |url-status=live }}</ref> Subsequent investigations found that staff failed to adhere to thorough hand washing and the use of plastic gloves during food preparation.<ref name="seattletimes">{{cite news |title=Seattle Subway Franchise Will Pay $10 Million to Settle Boy's Hepatitis Suit |work=[[The Seattle Times]] |location=Seattle |date=July 3, 2001 |url=http://www.highbeam.com/doc/1G1-76161220.html |archive-url=https://web.archive.org/web/20150924163407/http://www.highbeam.com/doc/1G1-76161220.html |url-status=dead |archive-date=September 24, 2015 |via=[[HighBeam Research]] |access-date=June 5, 2015}}</ref> A class-action lawsuit on behalf of 31 victims was resolved for $1.6 million.<ref>{{cite news |title=Subway Franchise Faces Claims from Over Thirty-One Hepatitis A Victims |date=November 10, 1999 |work=[[Marler Clark]] |url=https://marlerclark.com/news_events/subway-franchise-faces-claims-from-over-thirty-one-hepatitis-a-victims |access-date=June 5, 2015 |archive-date=October 4, 2017 |archive-url=https://web.archive.org/web/20171004040143/http://marlerclark.com/news_events/subway-franchise-faces-claims-from-over-thirty-one-hepatitis-a-victims |url-status=live }}</ref><ref>{{cite web |title=Subway Hepatitis A Outbreak |work=About Hepatitis |date=2015 |url=http://www.about-hepatitis.com/hepatitis_outbreaks/view/subway-hepatitis-a-outbreak/ |archive-url=https://web.archive.org/web/20160305145134/http://www.about-hepatitis.com/hepatitis_outbreaks/view/subway-hepatitis-a-outbreak/#.WxxVwDNKjOQ |archive-date=2016-03-05 |access-date=June 5, 2015}}</ref> The most seriously affected victim—a 6-year-old boy—suffered acute liver failure and required a [[Liver transplantation|liver transplant]]. He was awarded $10 million in an out-of-court settlement in 2001.<ref name=seattletimes/> A previous outbreak of hepatitis A in 1996 had also involved a Subway outlet in Seattle, although no legal action had resulted.<ref name=Columbian/> In April 2015, the [[State health agency|Arkansas Department of Health]] issued a warning to the public that customers who had eaten at the Subway outlet in [[Morrilton, Arkansas]], may have been exposed to infection after an employee tested positive for the virus.<ref>{{cite news |title=Health Department: Hepatitis A exposure possible at Subway in Morrilton |first=Danielle |last=Kloap |date=April 14, 2015 |work=[[Arkansas Democrat-Gazette]] |location=Little Rock |url=http://www.arkansasonline.com/news/2015/apr/14/health-officials-hepatitis-exposure-possible-morri/ |access-date=June 5, 2015 |archive-date=May 22, 2015 |archive-url=https://web.archive.org/web/20150522160749/http://www.arkansasonline.com/news/2015/apr/14/health-officials-hepatitis-exposure-possible-morri/ |url-status=live }}</ref><ref>{{cite news |title=Arkansas Officials Warn About Possible Exposure to Hepatitis A at Subway |date=April 14, 2015 |work=[[Food Safety News]] |location=Seattle |url=http://www.foodsafetynews.com/2015/04/arkansas-health-officials-warn-public-about-possible-exposure-to-hepatitis-a-at-subway-restaurant/ |access-date=June 5, 2015 |archive-date=July 10, 2015 |archive-url=https://web.archive.org/web/20150710073936/http://www.foodsafetynews.com/2015/04/arkansas-health-officials-warn-public-about-possible-exposure-to-hepatitis-a-at-subway-restaurant/ |url-status=live }}</ref> ===Sandwich size=== On February 2, 2007, [[KNXV|KNXV-TV]] (with the help of the Arizona Department of Weights and Measures) reported that three of Subway's "Giant Sub" sandwiches, normally each {{convert|3|ft|cm}} long, were actually only {{cvt|81|,|81.9|, and |82.6|cm|ftin|frac=4|order=flip}} long. Under Arizona regulations, objects cannot be more than 3% shorter than their advertised length; a "three-foot" sub must be at least {{convert|2|ft|10.92|in|cm}} long. The report also showed the boxes designed to store these sandwiches were {{convert|2|ft|10+3/4|in|cm}} in length; shorter than the maximum allowable variance. In response to the report, Subway said it was reevaluating its advertising, training, and packaging materials with regard to the specific or implied length of Giant Subs and was advising its franchisees to only discuss with customers the approximate number of expected servings and not a specific length of measurement.<ref>{{cite web |author=Joe Ducey |date=June 26, 2007 |title=Sub-Standard |url=http://www.abc15.com/content/news/investigators/story.aspx?content_id=cf4c217c-1910-4040-9a33-0102fdd135c7 |archive-url=https://web.archive.org/web/20070818130828/http://www.abc15.com/content/news/investigators/story.aspx?content_id=cf4c217c-1910-4040-9a33-0102fdd135c7 |archive-date=August 18, 2007 |access-date=April 8, 2008 |publisher=[[KNXV-TV]] ([[Phoenix, Arizona]])}} [https://web.archive.org/web/20070820190407/http://consumerist.com/consumer/videos/subways-3-foot-subs-are-shorter-than-3-feet-276511.php Video]</ref> In January 2013, an Australian teen, Matt Corby, complained on [[Facebook]] that Subway's "footlong" sandwich was only {{convert|11|in|cm}} long, rather than {{convert|1|foot|cm}}. Subway responded by saying, "With regards to the size of the bread and calling it a footlong, 'Subway Footlong' is a registered trademark as a descriptive name for the sub sold in Subway Restaurants and not intended to be a measurement of length." [[Discovery (law)|Discovery]] during a subsequent class-action lawsuit revealed that most Subway sandwiches were the advertised length. A $530,000 settlement was thrown out of court in 2017 for being "utterly worthless" to consumers.<ref>{{cite news |title='Worthless' Subway 'Footlong' sandwich settlement is thrown out: U.S. |url=https://www.reuters.com/article/us-subway-decision-footlong/worthless-subway-footlong-sandwich-settlement-is-thrown-out-u-s-court-idUSKCN1B52H2 |access-date=February 12, 2018 |work=[[Reuters]] |date=August 25, 2017 |archive-date=February 12, 2018 |archive-url=https://web.archive.org/web/20180212142215/https://www.reuters.com/article/us-subway-decision-footlong/worthless-subway-footlong-sandwich-settlement-is-thrown-out-u-s-court-idUSKCN1B52H2 |url-status=live }}</ref><ref>{{cite news|title=Subway foot-long settlement 'utterly worthless' to customers, 7th Circuit says|url=http://www.abajournal.com/news/article/subway_foot_long_settlement_utterly_worthless_to_customers_7th_circuit |access-date=12 February 2018 |work=[[ABA Journal]]|date=30 August 2017 |language=en |archive-date=February 12, 2018|archive-url=https://web.archive.org/web/20180212142140/http://www.abajournal.com/news/article/subway_foot_long_settlement_utterly_worthless_to_customers_7th_circuit |url-status=live}}</ref> ===Franchise relations=== In 1995, Subway Sandwich Shops, Fred DeLuca, Peter Buck, and Doctor's Associates Inc. were held liable for breach of contract. An Illinois jury awarded more than $10 million in damages to Nicholas and Victoria Jannotta after finding lease and contract violations. The plaintiffs claimed the defendants had misrepresented the asset value of Subway Sandwich Shops (a leasing company used by Doctor's Associates for franchising purposes) while negotiating a 1985 lease agreement.<ref name="NationsRestaurantNews">{{cite news |title=Subway ordered to pay $10M in punitive damages to ex-landlord |author=Robin Lee Allen |url=http://findarticles.com/p/articles/mi_m3190/is_n49_v29/ai_17847096/ |archive-url=https://web.archive.org/web/20120106155226/http://findarticles.com/p/articles/mi_m3190/is_n49_v29/ai_17847096/ |url-status=dead |archive-date=January 6, 2012 |date=December 11, 1995 |access-date=August 8, 2011 |work=Nation's Restaurant News}}</ref> The U.S. House of Representatives' small business committee studied the franchise industry from 1992 to 1998. Dean Sagar noted, "Subway is the biggest problem in franchising and emerges as one of the key examples of every abuse you can think of."<ref name="FortuneMagazine">{{cite news |title=Why Subway Is 'The Biggest Problem In Franchising' That's the assessment of a congressional staffer who studied |author=Richard Behar |url=http://nextraterrestrial.com/pdf/FDeluca-Fortune%20March%2016%201998.htm |work=Forbes Magazine |date=March 16, 1998 |access-date=August 8, 2011 |archive-date=September 6, 2011 |archive-url=https://web.archive.org/web/20110906121752/http://nextraterrestrial.com/pdf/FDeluca-Fortune%20March%2016%201998.htm |url-status=live }}</ref> In 1989, the U.S. Small Business Administration refused small business loans to Subway franchise owners until Subway removed a contract clause which gave it the power to seize and purchase any franchise without cause. ''[[The Dallas Morning News]]'' reported Subway had seized American soldier Leon Batie Jr.'s Subway stores in 2006 while he was serving in Afghanistan.<ref name="DallasNews">{{cite news |title=Soldier suing after being stripped of Subway restaurant franchises |author=Karen Robinson-Jacobs |url=http://www.dallasnews.com/sharedcontent/dws/bus/stories/DN-franvet_21bus.ART0.State.Edition1.3bfb0e4.html |work=The Dallas Morning News |date=June 21, 2009 |access-date=July 28, 2009 |archive-url=https://web.archive.org/web/20090623075508/http://www.dallasnews.com/sharedcontent/dws/bus/stories/DN-franvet_21bus.ART0.State.Edition1.3bfb0e4.html |archive-date=June 23, 2009}}</ref> He had been deployed to support [[Operation Enduring Freedom]] in March 2005, three years after buying his first restaurant.<ref name="DallasNews"/> Batie alleged Subway had violated the U.S. [[Servicemembers Civil Relief Act]]. He filed a federal lawsuit against Subway, which was dismissed. He then filed suit in state court in Dallas County, Texas. Both parties settled on "mutually agreeable" and confidential terms in January 2010.<ref>{{cite web |last=Robinson-Jacobs |first=Karen |title=Subway, soldier settle Dallas franchise dispute |url=https://www.dallasnews.com/business/business/2010/01/05/20100104-Subway-soldier-settle-Dallas-franchise-3530 |work=The Dallas Morning News |date=January 5, 2010 |access-date=August 25, 2011 |archive-date=June 12, 2018 |archive-url=https://web.archive.org/web/20180612141803/https://www.dallasnews.com/business/business/2010/01/05/20100104-Subway-soldier-settle-Dallas-franchise-3530 |url-status=live }}</ref> ===United Kingdom VAT treatment=== In October 2010, Subway franchisees in the United Kingdom lost a high court appeal against paying standard [[Value-added tax|VAT]] on all toasted subs, as required by [[HM Revenue and Customs]]. Thus, in the United Kingdom, a toasted sub attracts VAT, whereas a cold sub, eaten off the premises, does not. Competitors such as [[Quiznos]] and [[McDonald's]] do not pay VAT on similar food.<ref>{{cite news |url=https://www.examiner.co.uk/news/west-yorkshire-news/subway-wrangle-over-vat-could-4982720 |title=Subway wrangle over VAT could be heading to high court |work=Huddersfield Daily Examiner |date=January 4, 2011 |access-date=June 29, 2011 |archive-date=May 18, 2015 |archive-url=https://web.archive.org/web/20150518123521/http://www.examiner.co.uk/news/west-yorkshire-news/subway-wrangle-over-vat-could-4982720 |url-status=live }}</ref><ref>{{cite web |url=http://www.taxation.co.uk/taxation/node/21166 |title=Big butties, small mindedness |publisher=Taxation |date=October 20, 2010 |access-date=February 17, 2011 |url-status=dead |archive-url=https://web.archive.org/web/20101026072443/http://www.taxation.co.uk/taxation/node/21166 |archive-date=October 26, 2010 |df=mdy-all }}</ref><ref>{{cite web |url=http://howladerandco.com/subway-vat-appeal-subway-loses/337/ |title=Subway VAT appeal: Subway loses |publisher=Howlader & Co |date=November 4, 2010 |access-date=January 17, 2011 |archive-date=August 18, 2011 |archive-url=https://web.archive.org/web/20110818021122/http://howladerandco.com/subway-vat-appeal-subway-loses/337/ |url-status=live }}</ref> In March 2012, [[Chancellor of the Exchequer]], [[George Osborne]] announced plans to close the loophole that allows Subway competitors to offer hot food without paying VAT. This legislation was expected to come into force from October 2012 onward,<ref>{{cite news |url=https://www.bbc.co.uk/news/uk-politics-17468868 |work=BBC News |title=Budget 2012: VAT move could 'hit cost of bacon rolls' |date=March 21, 2012 |access-date=July 21, 2018 |archive-date=June 18, 2018 |archive-url=https://web.archive.org/web/20180618153925/https://www.bbc.co.uk/news/uk-politics-17468868 |url-status=live }}</ref> but on May 28, 2012, the government withdrew plans to charge VAT on originally hot food being allowed to cool naturally.<ref>{{cite news |url=https://www.bbc.co.uk/news/uk-politics-18244640 |work=BBC News |title=Government does U-turn over 'Cornish pasty tax' |date=May 28, 2012 |access-date=July 21, 2018 |archive-date=June 23, 2018 |archive-url=https://web.archive.org/web/20180623073619/https://www.bbc.co.uk/news/uk-politics-18244640 |url-status=live }}</ref> In June 2012, Subway launched the "Toast the Tax" campaign to put pressure on [[Government of the United Kingdom|the government]] to drop VAT on toasted sandwiches, as it has done for hot savouries.<ref>{{cite web |last=Shaw |first=Martin |url=https://www.examiner.co.uk/news/west-yorkshire-news/david-cameron-birkby-v-david-4950101 |title=David Cameron of Birkby v David Cameron of Downing Street in toastie tax row |work=Huddersfield Examiner |date=June 24, 2012 |access-date=June 5, 2013 |archive-date=May 18, 2015 |archive-url=https://web.archive.org/web/20150518120005/http://www.examiner.co.uk/news/west-yorkshire-news/david-cameron-birkby-v-david-4950101 |url-status=live }}</ref> ===Footlong trademark disputes=== On January 31, 2011, Subway lawyer Valerie Pochron wrote to [[Casey's General Stores]], a chain of Iowa-based convenience stores, demanding that the small chain cease using the term "footlong" in advertisements for its 12-inch sandwiches. Subway threatened to sue. Consequently, in February 2011, Casey's General Stores Inc. filed a petition in a U.S. District Court in [[Des Moines, Iowa|Des Moines]], seeking a legal declaration that the word "footlong" does not violate Subway's rights.<ref name="caseys">{{cite news |url=https://usatoday30.usatoday.com/money/industries/food/2011-02-14-subway-caseys-footlong-suit_N.htm |title=Casey's sues Subway over rights to 'footlong' |work=USA Today |date=July 16, 2010 |access-date=February 17, 2011 |archive-date=January 20, 2013 |archive-url=https://web.archive.org/web/20130120050457/http://usatoday30.usatoday.com/money/industries/food/2011-02-14-subway-caseys-footlong-suit_N.htm |url-status=live }}</ref> Casey's further sought a declaration that the word "footlong" is a generic description of a sandwich measuring one foot.<ref>{{cite web |last=Welte |first=Melanie S. |url=https://www.nbcnews.com/id/wbna41584626 |title=Iowa store chain sues Subway over 'footlong' |publisher=NBC News |date=February 14, 2011 |access-date=February 17, 2011 |archive-date=September 23, 2020 |archive-url=https://web.archive.org/web/20200923231945/http://www.nbcnews.com/id/41584626 |url-status=live }}</ref><ref>{{cite web |url=https://archive.org/details/gov.uscourts.iasd.43593 |title=Complaint, Casey's v. Subway, No. 4:11-cv-64 (S. D. Iowa) |date=February 11, 2011}}</ref> Before serving its complaint on Subway, Casey's voluntarily dismissed its action, ending the litigation.<ref>{{cite web |url=https://archive.org/details/gov.uscourts.iasd.43593 |title=Motion for voluntary dismissal, Casey's v. Subway, No. 4:11-cv-64 (S. D. Iowa) |date=May 3, 2011}}</ref> Subway's trademark application for "footlong" has yet to be approved by the federal government. Subway has attempted to register it with the [[United States Patent and Trademark Office]] twice. It filed on November 8, 2007,<ref>{{cite web |url=http://tsdr.uspto.gov/#caseNumber=77324328&caseType=SERIAL_NO&searchType=statusSearch |title=U. S. Patent and Trademark Office, ''footlong'' application #1, s/n 77324328 |access-date=February 10, 2013 |archive-date=May 11, 2013 |archive-url=https://web.archive.org/web/20130511081924/http://tsdr.uspto.gov/#caseNumber=77324328&caseType=SERIAL_NO&searchType=statusSearch |url-status=live }}</ref> and June 4, 2009.<ref>{{cite web |url=http://tsdr.uspto.gov/#caseNumber=77752328&caseType=SERIAL_NO&searchType=statusSearch |title=U. S. Patent and Trademark Office, ''footlong'' application #2, s/n 77752328 |access-date=February 10, 2013 |archive-date=May 11, 2013 |archive-url=https://web.archive.org/web/20130511081924/http://tsdr.uspto.gov/#caseNumber=77752328&caseType=SERIAL_NO&searchType=statusSearch |url-status=live }}</ref> Both filings have been abandoned, on November 20, 2013, and August 21, 2014, respectively. [[Yum Brands]] (KFC, Pizza Hut, Taco Bell, and non-Canadian A&W locations), Long John Silver's, and other competitors opposed the applications.<ref name="caseys"/> ===Ingredients=== Subway removed [[azodicarbonamide]] from its bread after food blogger and activist [[Vani Hari]] gathered more than 50,000 signatures in a [[petition]] drive.<ref>{{cite web |url=https://www.subway.com/subwayroot/about_us/PR_Docs/QualityBread.pdf | archive-url = https://web.archive.org/web/20140226214846/http://www.subway.com/subwayroot/about_us/PR_Docs/QualityBread.pdf | url-status = dead | archive-date = February 26, 2014 |title=Our Commitment to Our Customers: Serving Quality Products Subway Introduces Azo Free Bread in the US and Canada |publisher=subway.com}}</ref> Before Vani Hari's petition, Subway had used azodicarbonamide as a bread conditioner, to whiten the dough and allow [[sandwich bread]] to bake more quickly. {{as of|2016}}, the ingredient was still used by other fast food restaurants.<ref>{{Cite news |url=https://www.nbcnews.com/business/consumer/chemical-subway-ditched-mcdonalds-wendys-use-it-too-n25051 |title=That Chemical Subway Ditched? McDonald's, Wendy's Use it Too - NBC News |newspaper=NBC News |access-date=December 31, 2016 |archive-date=January 24, 2017 |archive-url=https://web.archive.org/web/20170124233345/http://www.nbcnews.com/business/consumer/chemical-subway-ditched-mcdonalds-wendys-use-it-too-n25051 |url-status=live }}</ref> In August 2015, Vani Hari again petitioned Subway in conjunction with [[Natural Resources Defense Council]], [[Friends of the Earth (US)|Friends of the Earth]], the [[Center for Food Safety]], [[Public Interest Research Group|U.S. Public Interest Research Group]] to commit to buying meat produced without the routine use of [[antibiotics]] and to provide a timeline for doing so.<ref>{{cite web|url=http://bigstory.ap.org/article/281c67ec64564506b17f8f59c8083395/subway-transition-meat-raised-without-antibiotics|title=Subway to transition to meat raised without antibiotics|website=The Big Story|language=en-US|url-status=live|archive-url=https://web.archive.org/web/20151023210006/http://bigstory.ap.org/article/281c67ec64564506b17f8f59c8083395/subway-transition-meat-raised-without-antibiotics|archive-date=23 October 2015|access-date=April 20, 2016}}</ref> In October 2015, Subway announced it would transition to chicken raised without antibiotics in 2016 and turkey within the following 2–3 years, and would also transition beef and pork raised without antibiotics by 2025.<ref>{{cite news |url=https://www.npr.org/sections/thesalt/2015/10/20/450314991/subway-joins-the-fast-food-antibiotic-free-meat-club |title=Subway Joins The Fast-Food, Antibiotic-Free Meat Club |newspaper=NPR |date=October 20, 2015 |access-date=April 20, 2016 |archive-date=April 13, 2016 |archive-url=https://web.archive.org/web/20160413191817/http://www.npr.org/sections/thesalt/2015/10/20/450314991/subway-joins-the-fast-food-antibiotic-free-meat-club |url-status=live |last1=Charles |first1=Dan }}</ref><ref>{{cite web |url=https://www.subway.com/subwayroot/about_us/PR_Docs/AntibioticFreeRelease10.20.15.pdf |archive-url=https://web.archive.org/web/20160423013158/https://www.subway.com/subwayroot/about_us/PR_Docs/AntibioticFreeRelease10.20.15.pdf |archive-date=April 23, 2016 |url-status=dead |title=SUBWAY Restaurants Elevates Current Antibiotic-Free Policy U.S. Restaurants Will Only Serve Animal Proteins That Have Never Been Treated With Antibiotics |website=Subway.com }}</ref> In 2020, the [[Supreme Court of Ireland]] ruled that Subway bread had too high a sugar content to be classed as bread for VAT reasons, with its recipe including sugar equal to 10% of the weight of the flour.<ref>{{cite news |title=Sandwiches in Subway 'too sugary to meet legal definition of being bread' |url=https://www.independent.ie/irish-news/courts/sandwiches-in-subway-too-sugary-to-meet-legal-definition-of-being-bread-39574778.html |access-date=1 October 2020 |work=independent |language=en |archive-date=October 1, 2020 |archive-url=https://web.archive.org/web/20201001120742/https://www.independent.ie/irish-news/courts/sandwiches-in-subway-too-sugary-to-meet-legal-definition-of-being-bread-39574778.html |url-status=live }}</ref> In 2021, a lawsuit was filed against the company alleging that the ingredient Subway bills as "[[tuna]]" was a mixture of "various concoctions that do not constitute tuna, yet have been blended together by defendants to imitate the appearance of tuna". The company's senior director for global food safety and quality said in a statement that "Our restaurants receive pure tuna, mix it with mayonnaise and serve on a freshly made sandwich to our guests."<ref>{{cite news |last1=Carman |first1=Tim |title=Subway's tuna is not tuna, but a 'mixture of various concoctions,' a lawsuit alleges |url=https://www.washingtonpost.com/food/2021/01/27/subway-tuna-lawsuit/ |access-date=29 January 2021 |newspaper=[[The Washington Post]] |date=27 January 2021}}</ref> The investigative TV show ''[[Inside Edition]]'' sent samples of Subway's tuna salad to [[Applied Food Technologies]], a Florida company that carries out DNA testing of seafood. According to that company, "Yes, we confirmed that tuna was definitely in all three samples we received."<ref>{{cite news | author = Staff| title =Do Subway's Tuna Sandwiches Actually Contain Tuna? Inside Edition Investigates | newspaper =[[Inside Edition]]| location = | pages = | language = | publisher = | date =February 11, 2021 | url =https://www.insideedition.com/do-subways-tuna-sandwiches-actually-contain-tuna-inside-edition-investigates-64885| accessdate =June 22, 2021 }}</ref> Subway established a website, SubwayTunaFacts.com, to refute the claims that they did not use real tuna, which they have denied unambiguously.<ref>{{cite web | url =https://subwaytunafacts.com/| title =Subway Tuna is ''Real'' Tuna| last = | first = | date =2021 | website =SubwayTunaFacts.com| publisher =Subway| access-date =July 22, 2021 | quote = The truth is, Subway uses wild-caught skipjack tuna regulated by the Food and Drug Administration (FDA). A favorite among sub lovers, our tuna is and has always been high-quality, premium and 100% real.}}</ref> ===Soy protein in chicken products=== In an investigation by the [[Canadian Broadcasting Corporation|Canadian Broadcasting Corporation (CBC)]]'s consumer affairs television series ''[[Marketplace (Canadian TV program)|Marketplace]]'' aired in February 2017, chicken from five fast-food restaurants was lab-tested to determine constituents. While DNA testing found between 84.9% and 89.4% of the DNA from other restaurants' chicken products to be chicken DNA, with the remaining being unidentifiable plant DNA, on the two Subway chicken items tested, 53.6% and 42.8% of the DNA was found to be chicken, with the remainder being mostly soy. Although ingredients listings did show soy protein to be a constituent of both of the chicken products, Subway states that the proportion is less than or equal to 1% and that the finding of about 50% soy DNA is not representative of the actual amount of soy in the product. Subway has called CBC's report "absolutely false and misleading" and demanded that it be retracted. Meanwhile, however, Subway Canada stated that it was investigating with its supplier to ensure that the proportion of soy protein was as per expectations.<ref>{{cite news |title=The chicken challenge: Testing your fast food - Marketplace - CBC News |url=http://www.cbc.ca/marketplace/episodes/2015-2016/chicken |website=cbc.ca |date=February 24, 2017 |access-date=March 8, 2017 |archive-date=March 8, 2017 |archive-url=https://web.archive.org/web/20170308021244/http://www.cbc.ca/marketplace/episodes/2015-2016/chicken |url-status=live }}</ref><ref>{{cite web |title=Fast food chicken: Testing Subway, McDonald's, A&W, Wendy's & Tim Hortons (CBC Marketplace) |url=https://www.youtube.com/watch?v=xd3Trr8Xrdc |website=[[YouTube]] |date=February 24, 2017 |access-date=March 8, 2017 |archive-date=March 8, 2017 |archive-url=https://web.archive.org/web/20170308023532/https://www.youtube.com/watch?v=xd3Trr8Xrdc |url-status=live }}</ref><ref>{{cite news |title=What's in your chicken sandwich? DNA test shows Subway sandwiches could contain just 50% chicken - Business - CBC News |url=http://www.cbc.ca/news/business/marketplace-chicken-fast-food-1.3993967 |website=cbc.ca |date=February 24, 2017 |access-date=March 8, 2017 |archive-date=March 8, 2017 |archive-url=https://web.archive.org/web/20170308021252/http://www.cbc.ca/news/business/marketplace-chicken-fast-food-1.3993967 |url-status=live }}</ref><ref>{{cite news |title=Company responses: Chicken - Marketplace - CBC News |url=http://www.cbc.ca/marketplace/blog/company-responses-chicken |website=cbc.ca |date=February 24, 2017 |access-date=March 8, 2017 |archive-date=March 5, 2017 |archive-url=https://web.archive.org/web/20170305215903/http://www.cbc.ca/marketplace/blog/company-responses-chicken |url-status=live }}</ref><ref>{{cite news |title=Subway defends its chicken after CBC Marketplace report |url=http://www.cbc.ca/news/business/subway-defends-its-chicken-after-cbc-marketplace-report-1.4005268 |website=cbc.ca |date=March 1, 2017 |access-date=March 8, 2017 |archive-date=March 7, 2017 |archive-url=https://web.archive.org/web/20170307144747/http://www.cbc.ca/news/business/subway-defends-its-chicken-after-cbc-marketplace-report-1.4005268 |url-status=live }}</ref> According to Subway's website, U.S. stores' ingredients may differ from those in Canadian stores. Both countries include soy protein in chicken strips, but only the U.S. version states that it is present in quantities of 2% or less. The Canadian version includes soy as an ingredient in its chicken patty, but the United States version does not.<ref>{{cite magazine |title=Subway Denies That Its Chicken Is 50% Filler |url=https://time.com/4686280/subway-chicken-fast-food-filler/ |access-date=May 14, 2017 |magazine=Time |date=March 5, 2017 |archive-date=May 8, 2017 |archive-url=https://web.archive.org/web/20170508045855/http://time.com/4686280/subway-chicken-fast-food-filler/ |url-status=live }}</ref> In April 2017, Subway sued the CBC, as well as the reporter and two producers, for $210 million, alleging the CBC acted "recklessly and maliciously" and that "these false statements... were published and republished, maliciously and without just cause or excuse, to a global audience, which has resulted in pecuniary loss to the plaintiffs." The CBC stood by its reports, stating that the DNA tests were done by independent and credible experts.<ref>{{cite news |title=Subway files defamation suit against CBC over chicken reports |url=http://www.cbc.ca/news/business/cbc-subway-chicken-lawsuit-1.4074401 |access-date=May 14, 2017 |work=CBC News |date=April 18, 2017 |language=en |archive-date=May 25, 2017 |archive-url=https://web.archive.org/web/20170525034741/http://www.cbc.ca/news/business/cbc-subway-chicken-lawsuit-1.4074401 |url-status=live }}</ref> The CBC's Emma Bédard stated that Subway had not provided an alternative explanation for the DNA test results obtained by the CBC.<ref name="torstar-cbcsuit">{{cite news |title=Subway says it plans to sue CBC for $210 million over chicken findings |url=https://www.thestar.com/news/canada/2017/03/16/subway-says-it-plans-to-sue-cbc-for-210-million-over-chicken-findings.html |website=Toronto Star |date=March 16, 2017 |access-date=May 14, 2017 |archive-date=May 22, 2017 |archive-url=https://web.archive.org/web/20170522172714/https://www.thestar.com/news/canada/2017/03/16/subway-says-it-plans-to-sue-cbc-for-210-million-over-chicken-findings.html |url-status=live |last1=Lalani |first1=Azzura }}</ref> In November 2019, Subway's lawsuit against the CBC was dismissed through anti-[[Strategic lawsuit against public participation|SLAPP]] legislation, as CBC's reporting was deemed to be a matter of public interest.<ref>{{cite web |last1=Loriggio |first1=Paul |title=Ontario court dismisses Subway's lawsuit against CBC over chicken report |url=https://www.canadianbusiness.com/business-news/ontario-court-dismisses-subways-lawsuit-against-cbc-over-chicken-report/ |website=Canadian Business |date=November 29, 2019 |publisher=The Canadian Press |access-date=4 December 2019 |archive-date=December 4, 2019 |archive-url=https://web.archive.org/web/20191204203934/https://www.canadianbusiness.com/business-news/ontario-court-dismisses-subways-lawsuit-against-cbc-over-chicken-report/ |url-status=live }}</ref><ref>{{cite web |title=Judge dismisses Subway's $210M lawsuit against CBC over chicken sandwich exposé |url=https://www.cbc.ca/news/business/subway-cbc-chicken-lawsuit-1.5370473 |website=CBC News |access-date=4 December 2019 |archive-date=November 26, 2019 |archive-url=https://web.archive.org/web/20191126025943/https://www.cbc.ca/news/business/subway-cbc-chicken-lawsuit-1.5370473 |url-status=live }}</ref> In January 2021 the Ontario Court of Appeal overturned the decision dismissing the lawsuit. The Supreme Court of Canada denied leave for appeal, so the matter has been returned to the Superior Court of Justice for trial.<ref>{{Cite web|date=August 11, 2021|title=Subway's defamation suit against CBC over report on chicken content allowed to proceed|url=https://www.cbc.ca/news/business/subway-cbc-supreme-court-1.6103764|website=CBC News}}</ref> ===Underpaying workers=== In 2019, the Fair Work Ombudsman found that 17 Australian-based Subway franchises had underpaid workers.<ref name="ABCunderpay">{{cite news |last1=Ryan |first1=Peter |title=Subway forced to cough up workers' unpaid wages in crackdown on fast-food sector |url=https://www.abc.net.au/news/2019-10-01/subway-employees-recover-unpaid-wages/11563342 |access-date=26 December 2019 |agency=ABC News |date=1 October 2019 |archive-date=December 24, 2019 |archive-url=https://web.archive.org/web/20191224111400/https://www.abc.net.au/news/2019-10-01/subway-employees-recover-unpaid-wages/11563342 |url-status=live }}</ref> The lengthy investigation by the Ombudsman specifically found that franchises failed to pay the employees minimum wages, casual loadings, holiday and overtime rates, and did not issue proper pay slips or keep proper employment records.<ref name=ABCunderpay/> The investigation resulted in over $81,000 being recovered in unpaid wages for over 160 employees.<ref name=ABCunderpay/> Subway responded by introducing a rolling audit of franchisee employment records and commented that franchise agreements could be terminated if franchisees failed to meet Australian workplace laws and Subway's internal standards of operation.<ref name=ABCunderpay/> === Calls for boycott over the Russian invasion of Ukraine === Following the [[2022 Russian invasion of Ukraine]], Subway was criticized for not divesting or scaling back its operations in Russia, unlike most of its competitors.<ref>{{Cite web |last=Schott |first=Paul |date=2022-03-18 |title=As calls to boycott Subway intensify, CT company resists pulling out of Russia |url=https://www.ctinsider.com/business/article/As-calls-to-boycott-Subway-intensify-CT-company-17012189.php |access-date=2022-03-23 |website=CT Insider |language=en-US |archive-date=March 18, 2022 |archive-url=https://web.archive.org/web/20220318194351/https://www.ctinsider.com/business/article/As-calls-to-boycott-Subway-intensify-CT-company-17012189.php |url-status=dead }}</ref><ref>{{Cite news |title=Opinion: Stop buying from these companies. They're funding Putin's war.|language=en-US|newspaper=[[The Washington Post]] |url=https://www.washingtonpost.com/opinions/2022/03/16/boycott-companies-business-russia-putin-ukraine-war/ |access-date=2022-03-23 |issn=0190-8286|archive-date=November 8, 2022|archive-url=https://archive.today/20221108124536/https://www.washingtonpost.com/opinions/2022/03/16/boycott-companies-business-russia-putin-ukraine-war/}}</ref><ref>{{Cite news |last=Corbett |first=Kelly |date=18 March 2022 |title=Here's Why Twitter Is Calling for Americans to Boycott Subway|work=Distractify |url=https://www.distractify.com/p/subway-russia-boycott}}</ref> Subway issued a statement saying its corporate office does not own any of the 446 Subway stores in Russia, and issued a statement saying, "In addition to working with our franchisees across Europe to provide meals to refugees, we will redirect any profits from operations in Russia to humanitarian efforts supporting Ukrainians who have been affected by the war. Our restaurants in Russia are all independently owned and operated by local franchisees and managed by an independent master franchisee."<ref>{{cite web|url=https://www.mirror.co.uk/money/subway-pepsico-more-firms-still-26480627|title=Subway, PepsiCo and more firms still trading in Russia 21 days since Ukraine war began|author=Munbodh, Emma|newspaper=[[Daily Mirror]]|language=en-GB|url-status=live|date=March 16, 2022|access-date=February 26, 2023|archive-date=March 16, 2022|archive-url=https://web.archive.org/web/20220316113012/https://www.mirror.co.uk/money/subway-pepsico-more-firms-still-26480627}}</ref> Nevertheless, Ukraine's [[National Agency on Corruption Prevention]] stated that Subway continues advertising in Russia and collecting payments from its Russian franchisees, and listed Subway among [[International Sponsors of War]] in January 2024.<ref>[https://nazk.gov.ua/uk/novyny/fastfud-yakyy-diysno-vbyvae-nazk-vneslo-subway-do-pereliku-mizhnarodnyh-sponsoriv-viyny/ Фастфуд, який дійсно вбиває: НАЗК внесло Subway до переліку міжнародних спонсорів війни], [[National Agency on Corruption Prevention]], 10.01.2024</ref>
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