News

In Ireland, Subway’s sandwich rolls are not legally bread

13 Oct 2020

The Irish Supreme Court ruled that Subway bread is not legally considered as such. Instead, its sugar content, which is five times above what Irish law specifies as the acceptable threshold for bread, lands the company’s sandwich rolls in the confectionery category. The ruling was a result of a tax dispute case.

This finding by Ireland’s highest court requires Bookfinders Ltd., an Irish Subway franchise, to pay a value-added tax (VAT) on its sandwiches. Sweets and pastries are not considered an essential food under Irish law and are, therefore, subject to a value-added tax of 13.5 percent under Ireland’s VAT Act of 1972. “Staple foods,” like bread, are not subject to this tax. However, to qualify as a staple product, the Irish government defines bread as a product where “fat, sugar and bread improver, subject to the limitation that the weight of any ingredient specified in this subclause shall not exceed 2 percent of the weight of flour included in the dough.”

In Ireland, Subway’s sandwich rolls are not legally bread
Image via Flickr

In the judgment, the court ruled, "There is no dispute that the bread supplied by Subway in its heated sandwiches has a sugar content of 10% of the weight of the flour included in the dough, and thus exceeds the 2% specified."

Subway maintains that its bread is only bread, and MarketWatch reported that the company is currently reviewing the tax ruling.

This latest ruling from the Irish Supreme Court was heard on appeal after the case meandered through four appellate courts over 14 years where it was heard and then subsequently dismissed in each case. Subway’s Galway-based franchisee sued the Irish taxing authorities for a refund of VAT paid between 2004 and 2005. The company argued that its heated sandwiches, coffees and teas were eligible for 0% VAT. The composite VAT rate they paid was 9.2%.

Subway is not unfamiliar with controversy. The company came under scrutiny in 2014 when reports surfaced that its bread was baked with a chemical used in yoga mats. In response, the company removed the ingredient and changed the recipe. Depending on whether the company accepts the ruling from the country's highest court, it could consider another reformulation of its sandwich rolls in order to qualify under the legally defined definition for bread.

Related news

Value is a top priority for today’s F&B consumers

Value is a top priority for today’s F&B consumers

3 Apr 2025

Research from global consultancy Hartman Group suggests there are six core values that brands must tap into to connect with consumers’ needs.

Read more 
Make plant-based meat ‘tastier and more affordable’ to fight climate change

Make plant-based meat ‘tastier and more affordable’ to fight climate change

31 Mar 2025

The UK’s Climate Change Committee is calling for tastier, more affordable plant-based meat offerings as part of measures to counteract the nation’s environmental impact.

Read more 
Clean-label cereals prompt fortification debate

Clean-label cereals prompt fortification debate

28 Mar 2025

Marks & Spencer has caused a stir with the launch of a range of breakfast cereals in the UK containing minimal ingredients.

Read more 
UK consumers could be eating cultivated meat within two years

UK consumers could be eating cultivated meat within two years

26 Mar 2025

Cell-cultivated products (CCPs), from chicken nuggets to beefburgers, could be on UK supermarket shelves by 2027 after regulators launched a sandbox to accelerate approvals.

Read more 
Future F&B flavours favour exploration and explosive taste profiles

Future F&B flavours favour exploration and explosive taste profiles

25 Mar 2025

Exploration and experimentation will define the future of flavour, according to Mintel, as consumers seek out taste profiles and textures that offer an adventurous eating experience.

Read more 
‘Health’ labels on products reduce consumers’ willingness to pay

‘Health’ labels on products reduce consumers’ willingness to pay

10 Mar 2025

A study into front-of-packaging “health” labelling finds that these labels alone can lower US consumers’ willingness to pay.

Read more 
Food industry lags on healthier product formulation, nutrition index finds

Food industry lags on healthier product formulation, nutrition index finds

7 Mar 2025

The world’s biggest food manufacturers derive just 34% of their sales from healthier products, according to the 2024 Global Access to Nutrition Index.

Read more 
Does calorie labelling lead to reduced consumption?

Does calorie labelling lead to reduced consumption?

27 Feb 2025

Calorie labelling of food products leads to a small, but consistent, reduction in the number of calories consumed, a study suggests.

Read more 
F&B industry hit with fresh greenwashing claims

F&B industry hit with fresh greenwashing claims

26 Feb 2025

The food and beverage (F&B) industry is under fresh scrutiny amid claims of greenwashing, with Arla the latest company in the firing line.

Read more 
Have scientists discovered a new tool to measure UPFs?

Have scientists discovered a new tool to measure UPFs?

19 Feb 2025

Researchers have developed a new scoring system and database, compiling over 50,000 food items, of which over 1,000 are classified as ultra-processed.

Read more