The Subway sandwich chain has been cleared of any wrongdoing after a three-inch long blade was found in a tuna baguette.
Sheriff Richard McFarlane said SS North Ltd, which operates a Subway franchise in Dundee’s Overgate Centre, took every possible precaution to prevent such incidents.
Although he ruled that the three-inch blade was in the baguette when it was sold to Gillian Sim a depute fiscal in the city he did not assign blame to the company or any of the shop’s employees.
Perth Sheriff Court heard how Miss Sim had only discovered the sharp metal object when she bit down on her tuna mayonnaise, cheese, gherkin, cucumber and lettuce sandwich, several minutes after leaving the Subway premises in August 2011.
She then contacted environmental health officers from Dundee City Council, who conducted an extensive investigation but they failed to uncover where the blade in her baguette had come from.
Sheriff McFarlane said there was no evidence to suggest that a disgruntled employee had planted the item in the baguette.
He also dismissed claims that it had been left behind by tradesmen, as no work had been carried out on the site prior to the incident taking place.
He told Perth Sheriff Court: “I am satisfied that they had proper and effective quality control measures in place and expressed all due diligence.
“I find that SS North Ltd have established a due diligence defence.”
Sheriff McFarlane found the Edinburgh-based company not guilty of selling a customer a roll that had a craft blade or similar item within its contents on August 16 2011.