CHICKEN SKEWER

Subway sues CBC over half-soy poultry report

The Subway sandwich empire certainly gives a cluck about its oven-roasted chicken heroes.

The company claims Canada’s national broadcasting network encouraged man-onthe-street testers to lie about Subway chicken products in order to drive home an “erroneous” report that the meat was roughly 50 percent soy.

In a hard-hitting lawsuit filed in an Ontario provincial court, Subway accuses the CBC, two producers and a reporter of asking the four testers questions about the chicken products that were “often leading and suggestive of the negative and false response elicited.”

Subway, the world’s biggest sandwich chain, last month signaled its intention to sue the CBC for $210 million after it broadcast a report on Feb. 24 that purported to show a scientific test found the chain’s chicken products contained only about 50 percent chicken.

The rest could be mostly soy, the CBC reported.

Subway, in a 22-page suit, a copy of which was obtained by The Post, said the report is false.

Subway Franchise Systems of Canada alleges the CBC was “malicious” and “reckless” when airing the segment that claimed Subway’s chicken was only half meat, and did not taste like the real thing.

The CBC based a part of its report on DNA testing done by Trent University.

That testing allegedly found just half the DNA in the chicken products con- tained chicken DNA.

But Trent’s DNA tests “lacked [the] scientific rigour” to support such a conclusion, Subway claimed in the suit.

The Trent tests “were conducted without using appropriate methods, or materials” and the CBC knew or ought to have known it, Subway claims.

In addition, the tests “were conducted by individuals who lacked the appropriate or necessary training,” Subway claims.

A CBC spokeswoman said, “As the matter is currently be- fore the courts, we have no further comment to make at this time.”

The CBC is expected to reply to Subway by May 1.

CBC, during a “Chicken Challenge” segment on its “Marketplace” show, said Subway’s chicken was “potentially” a restructured product — meaning it was pieces of meat bound together with non-meat ingredients to save money.

Subway co-founder Dr. Peter Buck laughed at the suggestion, telling The Post adding soy filler would make the chicken more expensive.

In the suit, Subway says it has “suffered special damages as a result of sales losses in the Subway stores” following the broadcast.

Still, Canadian class-action lawyer David Sterns, who is not involved in the case, said, “I would think the CBC would have a strong defense known in Canadian law as ‘responsible journalism.’ The case may end up being more of a nugget than a filet.”

One tester, identified as Will Mahood, a loyal Subway customer, said on the show that he was “alarmed” by CBC’s findings.

Another tester, Irena Valenta, of Toronto, when told of CBC’s purported findings, said it was “misrepresentation” on Subway’s behalf.

Trent did not return calls.