Sarah Mirando  |  January 25, 2013

Category: Legal News

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Subway FootlongTwo class action lawsuits filed this week accuse Subway of selling $5 “Footlong” sandwiches that aren’t really a foot long.

New Jersey plaintiffs John Farley and Charles Pendrak and Chicago resident Nguyen Buren allege in the Subway class action lawsuits that the sandwiches actually measure between 11 and 11.5 inches – not the 12 inches Subway repeatedly sings about in its commercials.

“Despite the repeated use of uniform language by Subway stating that this sandwich is a ‘footlong,’ the product in question is not, in fact, a foot long,” the New Jersey class action lawsuit states. “Rather, this product consistently measures significantly less than 12 inches in length.”

Subway knows its subs aren’t a full 12 inches, the plaintiffs say, because it sets precise standards for producing the sandwiches at a corporate level. These standards are then passed down to Subway’s franchisees.

As a result, Subway is purposefully defrauding its customers by selling so-called “$5 Footlongs,” according to the class action lawuits.

The popular sub shop chain quickly responded to the allegations by issuing a company statement saying it would work harder to achieve sandwich-length uniformity.

“We have redoubled our efforts to ensure consistency and correct length in every sandwich we serve,” the statement said. “Our commitment remains steadfast to ensure that every Subway Footlong sandwich is 12 inches at each location worldwide.”

The Subway Footlong class action lawsuits are seeking millions of dollars in damages for the missing inch of bread.

“This is no different than if you bought a dozen eggs and they gave you 11 or you bought a dozen doughnuts and they gave you 11,” said Buren’s attorney, Tom Zimmerman. “Here, you bought a dozen inches of sandwich and you got less than 11. It’s no different, and yet you’re paying for 12.”

The New Jersey Subway Footlong Class Action Lawsuit case is Pendrak & Farley v. Subway Sandwich Shops Inc., et al., Superior Court for the State of New Jersey, Burlington County. Information was not immediately available for the Nguyen’s complaint.

UPDATE: A settlement has been reached in the Subway footlong class action lawsuit. Click here or visit www.SubSettlement.com for details.

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69 thoughts onSubway Footlong Class Action Lawsuit

  1. Ron Regen says:

    As a vegetarian it is one of the few fast food places I can indulge in…… and considering there is no meat, an inch is important

  2. Kathy says:

    My family eat subway frequent, because they are healthy.

  3. daniels says:

    Isn’t this just like McDonalds quarter pounder where they put an asterisk that says “weight before cooking”. Perhaps Subway will have to add an asterisk to all their ads/communcations, but they will also have to refund every customer they “decieved”.

  4. Ernestine Frazier says:

    I cannot count the foot long sandwiches we purchase at the airports, when traveling.

  5. Debra Diamantos says:

    I agree, my son once measured the sandwich for a food nutrition project and he came up with 10.8 inches and his teacher lowered his grade saying they are a foot long 12″!
    Also they do not have $5.00 supposed to be foot long in NYC

  6. Shirley says:

    Attorneys are only money grabbers and are a very good reason why our country and it’s economy is so bad! They are so greedy and can have so many of them sit around and see who the next company they can get money out of. Then people lose “their” jobs because of it. Anyone who has made bread on their own should realize that it will shrink when baked, just like ANY baked product does. Getting a foot long sandwich for only $5 is a very good deal. Try buying all the meat and toppings yourself plus baking your bread. I would bet that everyone of you who made comments, have and still eat at Subway because you say so in your comments. Not until some idiots want more money that you jump on in and join the idiots over the Bread Shrinking.

  7. John Licata says:

    Hay, another law suite, sandwiches over $5.00 dollars!!!! False advertising we got them again where we want them. I love it. Lets put them out of business and we can now all eat at home. Sounds like a plan that I can sign up to. Next we need to sue all the hamberger joints. Lets face it the food in their advertisments doesn’t even look close to what they sell to you. I’m for suing everyone including myself, lets spread the money around a little.

  8. Karen says:

    If they say a foot long sandwich it should be 12 inches long, if not say 11 inches but dont lie to customers unless you know you are ripping them off. Most of these sandwich chains show pictures of sandwiches piled high with meat but in fact the sandwich you get is twice as small, like “wheres the beef”, having lawyers fight for you keeps them form ripping more people off, I work hard for my money

  9. Henre Ette Draper says:

    The $5.00 footlong is no longer just $5.00. In AZ they’re $5.25 and I was shocked the other day to be charged $8.00 for their pastrami footlong. It was pure fat and mostly unedible.

  10. Kathy says:

    If you normally buy the 6 inch it’s a real ripoff to get a little 4-5 inch sandwich

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