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Wednesday, June 30, 2021

Foodservice Chain Fights Against Bogus Claims After DNA Testing Unable to Identify Tuna

A lawsuit was filed against Subway for not using tuna in its Tuna sandwiches.  This claim is based upon DNA testing of the sandwich meat to determine if it was tuna, and this testing was not able to detect tuna DNA.  The news media piles on Subway with the damaging claim.

Guess what?  It's canned tuna, where the tuna undergoes a pressure canning process that utilizes high temperatures for long periods of time....a process that would make it difficult if not impossible to recover identifiable DNA.  

In the NY Post article below "In an amended complaint from June, the plaintiffs toned down their allegations, saying that Subway claims to sell sustainably caught skipjack and yellowfin tuna, but was in fact selling “anything less than healthy stocks.”  So, okay it is tuna, but it is not good tuna?  So now we are moving to the 'pink slime' mode?

https://nypost.com/2021/06/23/lab-tests-reportedly-find-no-identifiable-tuna-dna-in-subway-sandwich/
Lab tests reportedly find no identifiable tuna DNA in Subway sandwich — again
By Will FeuerJune 23, 2021 | 10:05am | Updated
Something is fishy about Subway’s “tuna” sandwich.

Commercial lab tests again found no identifiable tuna DNA in the sandwich that purports to contain the fish.

The New York Times bought Subway tuna sandwiches from three different locations in Los Angeles, and then sent frozen samples to an unidentified commercial food testing lab after two California women filed a class-action lawsuit against the company in January alleging that Subway’s tuna sandwiches aren’t actually made of the fish.
The women ordered tuna from the sandwich giant at locations near their home, but “independent testing has repeatedly affirmed, the products are made from anything but tuna,” the suit said.

The New York Times bought Subway tuna sandwiches from three different locations in Los Angeles, and then sent frozen samples to an unidentified commercial food testing lab.
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The lab the Times used to test the tuna most recently declined to be identified for fear of losing any opportunities to work directly with Subway, the country’s largest sandwich chain, the outlet reported.

The newspaper said it paid about $500 for the lab, which specializes in fish testing, to conduct a polymerase chain reaction, or PCR, test to see if the substance had any of five different tuna species. PCR tests rapidly replicate huge amounts of a specific DNA sample.
More than a month after the samples were submitted, the lab results read, “No amplifiable tuna DNA was present in the sample and so we obtained no amplification products from the DNA.”

“Therefore, we cannot identify the species,” the results said, according to the Times.

Subway spokeswoman Lorri Christou told The Post that the Times’ report “indicates that DNA testing is an unreliable methodology for identifying processed tuna.”

“DNA testing is simply not a reliable way to identify denatured proteins, like Subway’s tuna, which was cooked before it was tested,” the spokesperson added.

But a spokesman for the lab that the Times used said there are two possible conclusions from the results.

“One, it’s so heavily processed that whatever we could pull out, we couldn’t make an identification. Or we got some and there’s just nothing there that’s tuna,” he told the Times.

But Christou insisted that the testing “does not show that there is not tuna in Subway’s tuna. All it says is that the testing could not confirm tuna, which is what one would expect from a DNA test of denatured proteins.”

“The fact is Subway restaurants serve 100% wild-caught, cooked tuna, which is mixed with mayonnaise and used in freshly made sandwiches, wraps and salads that are served to and enjoyed by our guests,” she said.

“The taste and quality of our tuna make it one of Subway’s most popular products and these baseless accusations threaten to damage our franchisees, small business owners who work tirelessly to uphold the high standards that Subway sets for all of its products, including its tuna.”

The suit that sparked the controversy originally alleged that Subway’s tuna is “made from a mixture of various concoctions that do not constitute tuna, yet have been blended together by defendants to imitate the appearance of tuna.”

In an amended complaint from June, the plaintiffs toned down their allegations, saying that Subway claims to sell sustainably caught skipjack and yellowfin tuna, but was in fact selling “anything less than healthy stocks.”

Subway has been “selling and continuing to sell some mixture that is deceptively and dishonestly being passed off as in line with their representations to purchasers but are not actually compliant,” the amended suit states.

Subway has repeatedly disputed the allegations and defended its tuna sandwiches in a marketing blitz.

“There simply is no truth to the allegations in the complaint,” Subway has said about the allegations.

“Subway will vigorously defend itself against these and any other baseless efforts to mischaracterize and tarnish the high-quality products that Subway and its franchisees provide to their customers, in California and around the world, and intends to fight these claims through all available avenues if they are not immediately dismissed,” the statement continued.
While the lab tests ordered by the Times showed no identifiable tuna in the sandwiches, Inside Edition did its own test in February that yielded different results. Inside Edition tasked a lab in Florida with testing tuna samples from three Subway locations in New York.

That test confirmed that tuna was in the sandwiches.
Subway maintained in an email to the Times that it “delivers 100 percent cooked tuna to its restaurants, which is mixed with mayonnaise and used in freshly made sandwiches, wraps and salads that are served to and enjoyed by our guests.”

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