Subway Footlong Sandwich Class Action Settlement

A settlement has been reached in a class action lawsuit alleging Subway sandwiches were falsely advertised as being six or 12 inches long, even though they were not the advertised length. If you bought a Subway six-inch or footlong sandwich between Jan. 1, 2003 and Oct. 2, 2015, your rights may be affected by the class action settlement.

Plaintiffs Nguyen Buren, John Farley, Vincent Gotter, Barry Gross, Jason Leslie, Ayanna Nobles, Charles Noah Pendrak, Andrew Roseman, Richard Springer and Zana Zeqiri allege that footlong sandwiches sold at Subway restaurants are marketed as being 12 inches in length, when in fact they are not 12 inches long. The plaintiffs allege that similar representations are made about the length of six-inch Subway sandwiches. According to the Subway class action lawsuit, these alleged business practices violate state consumer protection statutes.

Doctor’s Associates Inc., the franchisor of Subway stores, denies the allegations and maintains that its business practices and marketing are entirely lawful. However, it has agreed to settle the Subway sandwich class action lawsuit to avoid the risks, delay and costs of a trial.

The proposed Subway class action settlement will require Doctor’s Associates Inc. to make or to continue with certain changes regarding Subway six-inch or footlong sandwiches. No money is available to Class Members under the terms of the settlement.

Class Members who wish to object to the Subway class action settlement must do so no later than Dec. 16, 2015.

Who’s Eligible

Class Members of the Subway class action settlement include anyone who purchased a six-inch or footlong sandwich from a Subway restaurant between Jan. 1, 2003 and Oct. 2, 2015.

Potential Award

No money is available to Class Members under the terms of the Subway sandwich settlement. However, it does provide substantial injunctive relief.

If approved, the Subway sandwich settlement will require Doctor’s Associates Inc. (the company that sells franchises for Subway restaurants) to make changes that are meant to help ensure that Subway sandwiches are the advertised length.

Some of the changes agreed to under the terms of the Subway class action settlement include:

• Requiring franchisees to use a tool for measuring bread, to ensure that the bread sold to customers is either six or 12 inches long;
• Requiring regular inspections to be made to ensure that the baked bread is at least 12 inches long;
• Requiring regular inspections of ovens to ensure they are in regular working order;
• Increasing penalties for non-compliance for Subway restaurants that are found to be using bread that is not at least 12 inches long;
• Updating all training materials, protocols and franchisee communications to require sandwiches to be at least six or 12 inches in length; and
• Requiring franchisees to add the following notice in each Subway restaurant: “due to natural variations in the bread baking process, the size and shape of bread may vary.”

Proof of Purchase

N/A. Because this settlement only offers injunctive relief, no money is available. If the settlement is approved, Class Members will automatically benefit from the changes listed above.

Claim Form Deadline

N/A. Because this settlement only offers injunctive relief, no money is available. If the settlement is approved, Class Members will automatically benefit from the changes listed above.

Case Name

In re: Subway Footlong Sandwiches Sales and Marketing Practices Litigation, MDL No. 2439, in the U.S. District Court for the Eastern District of Wisconsin

Final Hearing

1/15/2016

Settlement Website

www.SubSettlement.com

Claims Administrator

Rust Consulting

Class Counsel

ZIMMERMAN LAW OFFICES PC
DENITTIS OSEFCHEN PC
LAW OFFICES OF TODD M. FRIEDMAN
EDELMAN COMBS LATTURNER & GOODWIN LLC
AGRUSS LAW FIRM LLC
ADEMI & OREILLY LLP
FARUQI AND FARUQI LLP
EVANS LAW FIRM PA
HIRSCH LAW FIRM PA
MARKS & KLEIN LLP

Defense Counsel

WIGGIN AND DANA LLP