Image Credit - Getty Images 

Subway has said it's tuna is made from 100% tuna. Photo: Jörg Carstensen/picture alliance via Getty Image

Image Credit - Getty Images 

A federal judge in California said Subway can be sued over claims that it is misleading customers when it says its tuna products are "100% tuna."

Image Credit - Getty Images 

Ahead of Subway's 1 million sandwich giveaway Tuesday, U.S. District Judge Jon Tigar in San Francisco called it premature to accept the chain's argument that non-tuna DNA could be from eggs in mayonnaise 

Image Credit - Getty Images 

A lawsuit was filed in January 2021 by California residents Karen Dhanowa and Nilima Amin in the U.S. District Court  

Image Credit - Getty Images 

For the Northern District of California that alleged Subway's tuna was a "mixture of various concoctions." 

Image Credit - Getty Images 

Meanwhile, Subway has called the complaint "reckless" on its tuna facts website and notes the lawsuit was originally dismissed in October 2021 

Image Credit - Getty Images 

The amended lawsuit alleges the tuna products "partially or wholly lack" tuna as an ingredient 

Image Credit - Getty Images 

And that "they contain other fish species, animal products, or miscellaneous products aside from tuna." 

Image Credit - Getty Images 

"Subway serves 100% tuna. We are disappointed the Court felt it couldn't dismiss the plaintiffs' reckless and improper lawsuit at this stage." 

Image Credit - Getty Images 

– "However, we are confident that Subway will prevail when the Court has an opportunity to consider all the evidence," the spokesperson said.

Image Credit - Getty Images 

"Although it is possible that Subway's explanations are the correct ones, it is also possible that these allegations refer to ingredients that a reasonable consumer would not reasonably expect to find in a tuna product," 

more news