Four years after learning their longtime spokesman was a giant pedophile, Subway has suffered yet another embarrassment after a Canadian court threw out a $210 million lawsuit against journalists who tested the company’s meat, only to discoer that Subway chicken contains as little as 42.8% actual chicken.

By Tyler Durden,

In February 2017, the Canadian Broadcasting Company’s Marketplace DNA tested six different pieces of chicken from five fast food restaurants – finding that poultry from A&W, McDonald’s, Tim Hortons, and Wendy’s contained between 88.5% and 89.4% chicken DNA.


53.6% for their oven roasted chicken contained actual chicken, and 42.8% of their chicken strips. According to the CBC, the rest of it was soy protein, according to VICE.

Needless to say, Subway was a little upset – filing a $210 lawsuit against the CBC, claiming the study was “recklessly and maliciously” published and that the DNA test “lacked scientific rigor.”

The company claims lost customers, lost reputation, and that they had lost a “significant” amount of sales according to the report.

“The accusations made by CBC Marketplace about the content of our chicken are absolutely false and misleading,” the company said after the report was published.

Nearly three years later, the suit has been tossed.

But at the end of November, the The Ontario Superior Court threw Subway’s lawsuit out, ruling that the CBC’s program was an example of investigative journalism, and was protected under an anti-SLAPP (“Strategic Lawsuits Against Public Participation”) statute that “encourages individuals to express themselves on matters of public interest,” without the fear that they’ll be sued if they speak out. (John Oliver covered SLAPP lawsuits and how they’re used to stifle public expression on a recent episode of Last Week Tonight.) –VICE

“The Marketplace report dealt with the ingredients of sandwiches sold by popular fast food chains. It relayed the results of DNA tests performed by the Trent laboratory, which indicated that two types of Subway chicken products contained significantly less chicken DNA than other products tested,” wrote Justice E.M. Morgan in his ruling.

“Furthermore, the Marketplace report raised a quintessential consumer protection issue. There are few things in society of more acute interest to the public than what they eat. To the extent that Subway’s products are consumed by a sizable portion of the public, the public interest in their composition is not difficult to discern and is established on the evidence.”

VICE notes, however, that Justice Morgan did highlight that Subway’s claims had substantial merit because their own testing revealed just 1% soy filler, not the 40% claimed by the CBC.

The CBC stands by their results, and hired their own expert to vouch  for the lab’s testing.

Subway told VICE in a comment after publication:

Statement from Subway Restaurants:
“The case has not been dismissed in its entirety, and this decision does not validate the tests performed by Trent University. In fact, the judge’s opinion states: ‘The record submitted by Subway contains a substantial amount of evidence indicating that the Trent laboratory tests were of limited or no value in determining the chicken content of Subway’s products,’ and ‘…there is considerable evidence that suggests the false and harmful nature of the information conveyed to the public in the Marketplace report.’

The CBC Marketplace story at issue is wholly inaccurate and built on flawed research, which caused significant harm to our network of Franchise Owners. In 2017, two independent laboratories in Canada and the U.S. found our chicken to be 100 percent chicken breast with added seasoning, verified that the soy content was only in the range of 1 percent, and contested the testing methodology.

The quality and integrity of our food is the foundation of our business, and we will continue to vigorously defend Subway ® Franchise Owners against false allegations such as those made by CBC’s Marketplace program. We are reviewing the recent decision by the Ontario court and are confident in the ability to continue our claims against Trent University while an appeal against the CBC is under review.”



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  1. Fast foods are ‘slow poisons’ Anyone interesting in their health will take the time to read: “Fast Food Nation”, researched and written by a Journalist, of who’s name I have forgotten. My copy of that book was loaned out and never returned so I don’t have the journalist’s name.

    Chicken is bad enough, but the presence of soy is double trouble. Chicken contains artificial hormones and like soy, interferes with the function of our powerful pancreas. The pancreas produces (among other things) an enzyme called ‘trypsin’ that removes the covering of unhealthy and cancerous cells so the immune system can identify those cells as such and destroy them, sending them to the bowel for evacuation. But when artificial hormones given to chicken, cattle and even farm grown fish and the artificial hormone in soybeans are consumed, the pancreas is given the wrong message and does not produce that enzyme.

    If that were not enough, white flour, used almost exclusively by Subway and so many fast food outlets, presents the consumer with another danger.

    James B. Bowen, M.D. of New Mexico is quoted with the following warning:
    “I was utterly shocked to have recently discovered another FDA first degree murder! When I studied chemistry forty plus years ago, they were using a fairly benign bleaching agent to bleach white flour. Now it comes out they have started using ‘ alloxan’ – a well known grievous poison – which the FDA now is force fed to us in WHITE FLOUR, including pasta. Boy! Is the FDA ever making it hard to get any wholesome food in this country!”

    “Alloxan directly interacts with Aspartame to produce multi-organ damage, including diabetes and syndrome X! It also makes the poisoning from many other junk foods far worse, and causes advanced aging; just like Aspartame and many other degenerative diseases!”

    “I hope this information helps to prove to the New Mexico Legislature, and to the courts that the FDA is now indeed farcical, since Donald Rumsfield in 1981 broke everything decent in our government to put the heinous Aspartame into our food (listed as ‘sugar free’)”

    “Sure glad I mostly eat whole wheat bread! I will avoid ALL white flour products from this point forward.”

    (Unfortunately, most wheat breads contain gluten, along with rye and barley and cause problems with the digestive system.)


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