The supermarkets here have many things in their deli. I’ve noticed that they make them in-house. Granted, thinks like poke are from a kit, but the kit is assembled there.
That is not the way businesses usually approach these things. They ask the question, “Is it going to be more expensive to defend against this in court, with some risk of losing, and have all the publicity of a court case that goes on the public record, possibly with evidence that makes us look bad even if we can win? Or settle out of court quietly with an NDA to all parties, with a statement that we committed no wrongdoing and settled the case as a business decision?” This stuff happens all the time.
Given that the accusation is already out there and being featured in many places, they don’t really have an option to “settle quietly” any more. That might be an option if a lawyer contacted them privately to shake them down, but I think the ship has sailed.
This sounds like that Taco Bell lawsuit alleging their beef wasn’t beefy enough (35% vs the company’s claim of 88%). Turns out all ground beef has a water in it.
I think this is the clue. The plaintiffs will show some sort of lab analysis that proves the main ingredient in the “tuna” is not actually tuna, but mayonnaise. Therefore, Subway should be calling it tuna-flavored mayo or somesuch.