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Subway Sues Canada Network Over Claim Its Chicken Is 50 Percent Soy (yahoo.com)

jenningsthecat writes: As reported here back in February, the CBC, (Canada's national broadcaster), revealed DNA test results which indicated the chicken used in Subway Restaurants' sandwiches only contained about 50% chicken. Now, Subway is suing the public broadcaster for $210 million, because "its reputation and brand have taken a hit as a result of the CBC reports." The suit claims that "false statements [...] were published and republished, maliciously and without just cause or excuse, to a global audience, which has resulted in pecuniary loss to the plaintiffs."

Personally, my working assumption here is that the CBC report is substantially correct. It will be interesting to see how the case plays out -- but should this have happened at all? Regulatory agencies here in Canada seem to be pretty good when it comes to inspecting meat processing facilities. Should they also be testing the prepared foods served by major restaurant chains to ensure that claims regarding food content are true and accurate?

33 of 296 comments (clear)

  1. Soy tastes like chicken by turkeydance · · Score: 4, Funny

    just like lots of other things

    1. Re:Soy tastes like chicken by haruchai · · Score: 2

      Which one of the walking dead told you that?

      --
      Pain is merely failure leaving the body
    2. Re:Soy tastes like chicken by Aighearach · · Score: 2

      cicadas are slightly bitter.

      Plants taste like asparagus because most food plants have been bred to have lower levels of acids that the plant generates to keep you from eating it. The reason is that the less extra work the plant does, the bigger it grows. When the farmers select for larger size, they're also selecting for less flavor, and the most bitter flavors are the first to go.

      Asparagus is one of the minority of foods that caters to the natural cravings for some of those chemicals.

      I do a lot of foraging, dozens of types of mushrooms, about a dozen berries, but only a few vegetables... but none of them taste anything like asparagus! OTOH, if I hadn't eaten in a few days and had to down some Siberian Miner's Lettuce it might actually taste half that good (it grows worldwide in temperate zones, but only in Siberia are people hungry enough that it is a vegetable)

  2. Re:Really? WHY?! by Anonymous Coward · · Score: 2, Informative

    Not really.

    CBC does a lot of even-handed coverage, even of US politics. The problem with CBC however is that it's often viewed as "too liberal" by conservatives, and "too boring" by liberals (US definition) because CBC News tends to focus on Ontario and little else.

    http://thecanadaguide.com/basics/news-and-media/

    "The CBC was created by the government of Prime Minister Mackenzie King (1874-1950) in 1936, at a time when radio and television were relatively new and the federal government was eager to ensure Canadians would be exposed to a lot of Canadian content. In recent decades, however, the CBC has become steadily more unpopular and controversial since what it offers is no longer particularly unique. Most of its shows are not widely watched, and some Canadians — particularly those of a conservative bent — characterize it as a waste of tax dollars. CBC fans, however, argue the network actually produces higher quality programming than other stations precisely because it relies on government funding and doesn’t have to pander to a mass audience. Opinions on the CBC can spawn pretty polarizing debates in modern Canada."

  3. Re:Do we really need sandwich police? by fluffernutter · · Score: 5, Insightful

    People have a right to know what they are eating.

    --
    Laws are rules for the court, but merely a bottom bar to hit for life. Think beyond laws in your actions always.
  4. Ironically by presidenteloco · · Score: 3, Interesting

    the soy protein is probably healthier food than chicken meat.

    --

    Where are we going and why are we in a handbasket?
    1. Re:Ironically by rtb61 · · Score: 2, Informative

      Read this http://link.springer.com/artic... and then say you are jumping for joy at the thought of consuming soy protein isolate and soy protein concentrate, hmm, i can imagine the taste and goodness of the high temperature acid bath. Soy protein isolate not a food any more, just the cheapest possible molecular chain you can get away with calling it food. If there was cheaper worse shit they could get away with calling food, they would. Personally I read that article and it sent a shudder down my spine and made me nauseas to think of some of the crap I have eaten. Here read about your 'food?' for a change https://en.wikipedia.org/wiki/.... If you think that shit is healthier than chicken, you are an idiot.

      --
      Chaos - everything, everywhere, everywhen
    2. Re: Ironically by ShanghaiBill · · Score: 2

      Everything you eat passes through an acid bath: Your stomach.

    3. Re: Ironically by BoogieChile · · Score: 2

      Personally, some of my favourite snack foods have been bathed in acid or even caustic soda, sometimes for several months, even.

    4. Re:Ironically by quantaman · · Score: 5, Interesting

      Read this http://link.springer.com/artic... and then say you are jumping for joy at the thought of consuming soy protein isolate and soy protein concentrate, hmm, i can imagine the taste and goodness of the high temperature acid bath. Soy protein isolate not a food any more, just the cheapest possible molecular chain you can get away with calling it food. If there was cheaper worse shit they could get away with calling food, they would. Personally I read that article and it sent a shudder down my spine and made me nauseas to think of some of the crap I have eaten. Here read about your 'food?' for a change https://en.wikipedia.org/wiki/.... If you think that shit is healthier than chicken, you are an idiot.

      The Springer article was paywalled but didn't seem to mention anything about health (or taste).

      The "Health Effects" section in the Wikipedia article starts like this:

      A meta-analysis concluded soy protein is correlated with significant decreases in serum cholesterol, low density lipoprotein (LDL) cholesterol and triglyceride concentrations.[41] High density lipoprotein (HDL) cholesterol did not change. Although there is only preclinical evidence for a possible mechanism, the meta-analysis report stated that soy phytoestrogens – the isoflavones, genistein and daidzein – may be involved in reducing serum cholesterol levels.[41]

      In general "processed==bad" and "natural==good" isn't a bad rule-of-thumb to use for healthy eating.

      But the moment you have proper evidence that a particular processed food is good, or a natural one bad, forget the default rule and use the evidence instead.

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      I stole this Sig
    5. Re: Ironically by Anonymous Coward · · Score: 2

      Citation Required. Something is not terrible just because you say it is.

    6. Re: Ironically by Maritz · · Score: 5, Funny

      Look up food babe. You'd love her. She shamelessly self-promotes by looking for ingredients that sound a bit science-y and then scaremongering them.

      --
      I do not want your cheap brainburning drugs. They are useless for work. And I am a working man today.
    7. Re: Ironically by silentcoder · · Score: 2

      The big deal is lying to your customers about what you're selling them. That is a crime - specifically - fraud. If you bulk up your chicken with soy - that's your free right as far as I'm concerned. If you do it and say you didn't - you've become a criminal.

      --
      Unicode killed the ASCII-art *
    8. Re: Ironically by tbannist · · Score: 2

      Look up food babe. You'd love her. She shamelessly self-promotes by looking for ingredients that sound a bit science-y and then scaremongering them.

      Oh, I love her. That's how I found out that microwaves turn food evil, just like saying the words "Hitler" or "Satan" near your food does...

      --
      Fanatically anti-fanatical
  5. Your working assumption makes an ass out of you... by fractalrock · · Score: 5, Informative

    Op, a bit of research (always helpful) would reveal that Subway has an excellent case against the CBC. https://arstechnica.com/science/2017/03/food-scientists-weigh-in-on-50-subway-chicken-test-its-100-weird/

  6. The court will decide if it's true by raymorris · · Score: 2

    It seems Subway is making two assertions:
    A) The chicken does not contain any significant amount of soy.
    B) The people who did the testing itself and the analysis of the tests were incompetent.

    I haven't tested the chicken, and I don't know anything about the people who did the testing, so I don't know if either claim is true. If the TV station had two third-graders do the testing and analysis, they'll probably lose the law suit. If they were qualified, independent labs, and the TV station accurately represented the labs' conclusions, they'll win. We'll see what comes out at trial.

    1. Re:The court will decide if it's true by gravewax · · Score: 2

      It is not so much that the ones doing the test were incompetent, they are probably quite competent at what they do, i.e. DNA testing, but this is not a method you should use to measure what percentage of soy is in the chicken. So the issue was CBC took got the wrong tests done.

  7. Re: Irrelevant Studies by chentiangemalc · · Score: 3, Insightful

    No Subway is arguing defamation, because they argue their Chicken is not soy. Chickens are frequently fed soybean meal so maybe they drew the wrong conclusions from DNA tests...

  8. CBC is full of it. by bongey · · Score: 5, Informative

    Subway will win the lawsuit. https://arstechnica.com/scienc...

  9. Thought the CBC tests were discredited by caseih · · Score: 2

    I read a while back that the tests the CBC had performed have been discredited. In other words, CBC's method of determining the percentage of chicken is not the usual way one goes about it. It's not that the test results are wrong, but rather the test is not the right test. At least that's what I read. Could be wrong, though.

  10. Re: Irrelevant Studies by Anonymous Coward · · Score: 2, Informative

    So if you eat beef does that mean your cells contain bovine DNA? I'm not a biologist, but that sounds laughable.

  11. Report by sonamchauhan · · Score: 2

    http://www.cbc.ca/news/busines...

    "We were able to determine the relative amounts of chicken via plant filler in these samples through PCR amplification"

  12. Re: Irrelevant Studies by vux984 · · Score: 5, Informative

    Chickens are frequently fed soybean meal so maybe they drew the wrong conclusions from DNA tests...

    Yet the chicken meat at Wendy's, McDonalds, A&W... etc were all 85%+ chicken DNA. Only the chicken meat from subway was 50% chicken DNA.

    The lab also was so surprised by the Subway results, that they did the test over again with completely new samples BEFORE publishing... and got the same results.

  13. Re: Irrelevant Studies by fluffernutter · · Score: 5, Informative

    Except CBC didn't say the chicken was 50% soy. They said there was 50% soy DNA, compared to other restaurants they tested which had almost 100% chicken DNA. Still a valid point and rather disturbing that Burger King has better quality chicken than Subway.

    --
    Laws are rules for the court, but merely a bottom bar to hit for life. Think beyond laws in your actions always.
  14. Re: Irrelevant Studies by Imrik · · Score: 4, Funny

    Maybe the other fast food places use chicken meat from cannibal chickens.

  15. Done properly, no problem... by XSportSeeker · · Score: 5, Informative

    I don't see why regulatory agencies shouldn't be able to test products.... IF they are doing it properly though.

    Because if Subway is right on this one, and it sounds like they are, they have all the rights to sue CBC for it, and this isn't only to the benefit of Subway, but also to the benefit of the public.
    https://arstechnica.com/scienc...

    Basically, if the ArsTechnica article is right, CBC used a bad method to jump into a conclusion and premeditated an article about it for some reason. That reason could be pure incompetence or perhaps something worse, but it certainly damaged the fast food chain reputation for no good reason.

    Rebuilding that sort of reputation can be extremely costly, and the fast food chain could lose far more than 210 million for it. Unfounded rumors usually already cost far more than that for other fast food chains, a regulatory agency going out of it's way to publish something like that can be far more damaging.

    We'll see how it goes.

    1. Re:Done properly, no problem... by stephanruby · · Score: 2

      Basically, if the ArsTechnica article is right, CBC used a bad method to jump into a conclusion and premeditated an article about it for some reason. That reason could be pure incompetence or perhaps something worse, but it certainly damaged the fast food chain reputation for no good reason.

      Yes, but isn't the main culprit the actual laboratory, so shouldn't the laboratory be the one that is liable assuming the CBC does a full and complete retraction? After all, it's not like the CBC has any expertise in this particular field and they did rely on the claimed expertise of another organization.

      For instance, let's say there is another doping scandal in the Tour de France, should the CBC avoid publishing anything about such a scandal if only one laboratory was used to test the blood samples (even if the blood samples were tested multiple times by that lab)? That is kind of setting the bar high if you ask me.

      That being said, I can see the CBC being liable if it continues to stand by its original story despite possible evidence to the contrary.

       

  16. Re:Do we really need sandwich police? by OrangeTide · · Score: 2

    And Subway doesn't have the right to operate a business without conforming to regulations.

    --
    “Common sense is not so common.” — Voltaire
  17. Chicken Shit Sandwiches by Roger+W+Moore · · Score: 2

    Chickens are frequently fed soybean meal so maybe they drew the wrong conclusions from DNA tests.

    The only way that could happen is if they put chicken shit in their sandwiches so lets all really hope that is not how the soy DNA got there.

  18. Re: Irrelevant Studies by Aighearach · · Score: 4, Insightful

    Right, it sounds laughable because you used your biases to fill in assumed facts, instead of collecting actual facts.

    The accusation is that the tests done in no way would have determined the amount of chicken or soy. This wasn't a legit type of DNA test.

    The fact is that the results of the test do not match what was reported, at all, and what was reported is the same nonsense that people like you then repeat. And the low-information, semi-literate nature of the situation makes it impossible for Subway to fully mitigate the damage, which is why the liars who misrepresented the study are being asked to foot the bill for their lies.

  19. Re:Your working assumption makes an ass out of you by Aighearach · · Score: 2

    So you're claiming that even where the methodology is faulty, if it differently faulty in an individual case then the person under study must be suspicious?

    I don't think you really understand the "faulty" part in "faulty."

  20. Re:Subway Math by meerling · · Score: 2

    Isn't the usual results of a class action suit something along the lines of:

    Lawyer - $18,000,000
    Plaintiff - Coupon for $3 off a 5 foot party sub, only good on tuesdays before 3pm.

  21. Re:Two studies by arglebargle_xiv · · Score: 5, Funny

    They did two independent studies and both had the same result.

    There's also a litte-known third study, done several years earlier, that confirms the results.