Subway class action alleges restaurant advertises misleading meat amounts

Subway class action overview:

• Who: A New York consumer filed a class action lawsuit against Subway.
• Why: The plaintiff claims the company falsely advertises its Steak & Cheese sub.
• Where: The class action was filed in a New York federal court.

A New York sandwich consumer slapped Subway with a class action lawsuit alleging the sandwich chain advertises its Steak & Cheese sub with misleading images showing much more meat than what customers receive. 

Plaintiff Anna Tollison filed the class action complaint against Subway Restaurants Inc. and its associates Oct. 28 in a New York federal court, alleging violations of state and federal consumer laws.

According to the lawsuit, Subway’s ads depict the Steak & Cheese sandwich with at least 200% more meat than what’s actually served.

“Subway’s advertisements for the product are unfair and financially damaging to consumers as they are receiving a product that is materially lower in value than what is being represented,” the class action argues.

Sub contained ‘barely any steak,’ lawsuit alleges

In August, Tollison says she bought the Steak & Cheese sandwich for $6.99 through Subway’s mobile app, expecting it to match the appealing image she saw in the ads, the class action states.

However, after picking up her sandwich at a New York location, she noticed it contained “barely any steak,” a stark contrast to the image that influenced her decision, she alleges. 

Had she known the sandwich contained less meat than advertised, Tollison says she would not have bought it. Her class action contains similar experiences with the sandwich documented by other consumers online, as well as side-by-side images of the advertised sub versus the subs consumers say they received.

Beyond the cost of the sandwich, customers incurred additional expenses, such as travel to and from Subway locations and sometimes tips for delivery orders, the class action says. The complaint also alleges there are similar complaints about other Subway products, such as the Cheesy Garlic Steak sandwich.

Tollison looks to represent anyone who ordered a Subway Steak & Cheese sub from a New York-based Subway from Oct. 28, 2021 to the present. In the complaint, she says she believes “thousands” of New Yorkers may have been similarly deceived. 

She is suing for violations of New York’s Deceptive Acts and Practices Act and seeks certification of the class action, damages of $500 for each sandwich purchased, fees, costs and a jury trial.

In July, a consumer hit Subway with a class action lawsuit alleging it failed to pay its non-exempt employees proper minimum wage and overtime wages. Plaintiff Harshilkumar Chaudhari’s class action lawsuit claims Subway did not pay non-exempt employees overtime wages when they worked more than 40 hours during a work week. 

What do you think of the allegations in this Subway class action? Let us know in the comments!

The plaintiff is represented by James Clayton Kelly of The Russo Firm. 

The Subway class action is Anna Tollison v. Subway Restaurants Inc. et al., Case No. 1:24-cv-07495, in the U.S. District Court for the Eastern District of New York.

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