Josh Kosman
THE Canadian national network, whose “Chicken Challenge” story in February claimed certain poultry products served at Subway sandwich shops were less than 50 per cent chicken, stands by its report.
The Canadian Broadcasting Corp said it used a legitimate lab to test the chicken — and gave the sandwich chain “several weeks” to respond before airing the controversial story.
Subway did not return calls for comment during that period, the CBC said in recently filed court papers.
In April, Subway sued the CBC for $282 million ($US210 million) claiming the lab testing “lacked scientific rigour” and that its reporters encouraged man-on-the-street interviews to lie about the product by asking leading questions.
In its answer to the Subway lawsuit, the CBC said the claims it made during a Feb. 24 broadcast were “diligently researched” and reported in a “fair manner.”
The report was picked up by many media outlets in Canada and the US.
The CBC also defended the labs it used at Trent University, saying they are “recognised as an independent, credible, and expert provider of DNA testing services, including on animal products.”
In fact, the labs tested and retested the samples, the CBC said in the court papers filed in the Ontario Superior Court of Justice in Toronto.
“The tests showed that the oven-roasted product samples averaged 53.6 per cent chicken DNA, and that the strip product samples averaged 42.8 per cent chicken DNA.”
The rest of the product was mostly soy.
“The CBC defendants shared the results of the tests with independent experts, who confirmed they were reasonable or probable,” the broadcaster said in court papers.
“By comparison, samples from …. other fast food restaurants tested came back averaging 84.9 per cent or greater chicken DNA,” the CBC added.
Meanwhile, Subway’s same-store sales in the first four months of 2017 slipped roughly 2 per cent from the same period a year earlier, according to restaurant consultant John Gordon.
That continues a lengthy trend. Gordon told The Post that Subway revenues fell in 2016 and 2015 from the previous year. But the CBC report may not have had an effect on the chain’s sales, he said.
By comparison, McDonald’s in the first quarter reported a 1.7 per cent increase in sales.
Subway declined comment.
CBC is asking the court to dismiss the case, saying there is “no genuine issue to be tried” and the suit “is an abuse of this court’s process.”