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Subway’s “No Tuna” in Their Tuna Sandwiches Saga Nears an End

It has been going on for nearly two-and-half years already. Two California consumers claimed there was no tuna in Subway’s tuna sandwiches.

The case generated headlines worldwide.

Subway Tuna Headlines

We’ve written six stories about the case. First the consumer claimed there was no tuna in their subs, then her lawyers said it wasn’t 100-percent tuna, and on and on. The lawyers filed and withdrew complaint after complaint, changing their theory of the case.

The company got a huge black eye because of these cases, and probably suffered significant reputational damage and lost sales.

Now, on April 20, 2023, the consumer sought to voluntarily dismiss the case.

But guess what? Subway said not so fast. In essence, because the consumer and her lawyers put the company through the wringer even after having been provided with documentation pinpointing the place where the tuna is captured to how it’s packaged, Subway’s lawyers are seeking sanctions against the consumer’s lawyers.

They say the suit should have been dropped long ago, and way before the company had to spend over $600,000 in legal fees to defend itself. The six consumer lawyers filed various pleadings, they say, to extend the lawsuit “motivated by the prospect that Subway might simply pay a windfall settlement.”

For their part, the consumer’s lawyers countered that the consumer is withdrawing her complaint because of health issues. They went on to say:

Plaintiff filed her complaints with a good faith, non-frivolous basis based on testing and evidence that there was something amiss with respect to the meat product defendants were selling as ‘tuna.’

MrConsumer has always thought the case was a little fishy because of the questionable test results the consumer’s lawyers claimed to have. Now, finally, the case should come to a conclusion after an August hearing.

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Don’t Assume Similar Products Have the Same Ingredients

Our friend, Dana McCorvie, the Ingredient Inspector, scrutinizes product labels for changes and surprises in ingredients listings. This time, she looks at product line extensions where a manufacturer comes out with a similar product that plays on the popularity of the original one. But, when you check the ingredients of the fraternal twin, they are not always the same.

Example 1 – Minute Maid Lemonade

*MOUSE PRINT:

Minute Maid’s lemonade in cans has added chemicals and coloring compared to the version in cartons. But worse, while there is 12-percent real fruit juice in the regular product, the version in cans only has 3-percent juice.

Minute Maid Lemonade


Example 2 – Hi-C Orange Drink

*MOUSE PRINT:

If you buy juice boxes of Hi-C Orange Lavaburst at the supermarket, they actually contain some small amount of real juice, But if you order a glass of it at McDonald’s, that version has no real juice, almost 50-percent more sugar, and added chemicals and artificial colors!

Ingredient Inspector Hi-C

For more examples of products whose fraternal twin products are not like the original, please visit this special section for Consumer World and Mouse Print* readers at the Ingredient Inspector.

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Sneaky Ways Drugstore Reward Programs Limit Redemptions and Cost You Money – Part 1

Both Walgreens and CVS have rewards programs that allow you to accumulate “cash” in your account that can be applied toward future purchases. But each program has unexpected redemption limitations that may mean you won’t get full value for your banked bucks.

Walgreens – MyWalgreens

Last fall, Walgreens ran a promotion giving folks who got their vaccine shots there a $10 reward for each one. MrConsumer accumulated three $10 certificates and promptly had them credited to his account.

Walgreens balance

Unlike cash, Walgreens cash rewards expire if you have not used them in six months, and only have at most a one-year lifespan before they disappear from your account. That is nasty enough for “money” you’ve earned. But when it comes time to use the accumulated credit, Walgreens places unreasonable restrictions on it.

MrConsumer recently bought an item that with tax came to $1.58. I told the clerk to use my points. She then said, “that will be 58 cents.” I said “excuse me, I’ve got close to $30 of credit on my account.” She then explained that they only can apply whole dollar amounts of credit toward your balance. Crazy! The computer doesn’t understand the concept of cents, I thought?

Fast forward to later that week at a different Walgreens, where a purchase I was making came to $6.66. I said I’ll apply my points to that. The checkout clerk said he can only take $5 off. What? He showed me his screen and the only choices for deductions were whole dollar amounts from $1 to $5. And only one reward can be applied to a transaction. So I had to pay the balance in cash.

Looking at the terms and conditions for the MyWalgreens program shed light on the issue.

*MOUSE PRINT:

Walgreens redemption chart

How crazy is that? You cannot use your full balance toward your purchases. You have to pay with real money when the total falls between these wide brackets. So someone making a $25 purchase could only use $20 of Walgreens’ funny money toward it.

We asked the company why they limit redemptions like this, and whether they would consider allowing customers to apply their full balance in the future. They did not reply to multiple requests for comment.

What do you think? Has Walgreens rigged the system in their favor forcing you to pay with real money in many instances even though you have enough of their funny money in your account?

Next week we’ll look at tricks and traps in the CVS ExtraBucks program.