Some think of Subway as a go-to chain for a relatively healthy meal, compared to other fast-food chains. But the Irish Supreme Court has made a ruling that contradicts that stance.

Per The Guardian, the bread Subway uses technically isn’t bread. “Under Ireland’s Value-Added Tax Act of 1972 it cannot even be defined as a staple food because it contains too much sugar.”

The ruling came after an appeal by Subway franchisee Bookfinders Ltd. They found that the bread’s sugar content is five times the qualifying limit, which means it falls outside of the legal definition of “staple food.”

In the court ruling, they state, “The argument depends on the acceptance of the prior contention that the Subway heated sandwich contains ‘bread’ as defined, and therefore can be said to be food for the purposes of the Second Schedule rather than confectionary. Since that argument has been rejected, this subsidiary argument must fail.”

So far, Subway, which has locations in over 100 countries, has not responded to the ruling.

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