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. brenda johnson says:

    i eat subway sandwiches and they are good and all depend on what you get is 5.00 dollars but i have paid as much as 7.50 and they say they good to lose weight with i have tried that and thats a lie.

  2. Frank Martin says:

    Subway need to stop fooling the public.

  3. rufus brown says:

    we love these short subs, been eating them for a long time.

  4. EC says:

    I’m going to check footlong hot dogs! Maybe I have a lawsuit! What a bunch of morons!

  5. toddnbrown says:

    Subway will win this one by technicality. They call it a “footlong” sub. They don’t say it’s 12 inches, or that it’s “one foot long”. All they have to say is it’s as long as your foot. For most people, that would be true. “Footlong” is a made up word, as it should be “Foot Long”. And since Subway holds the trademark to that word, that really isn’t even a word, they can make it mean whatever they want.

    1. Dayne says:

      Ok why when they ask you if you want a foot long sub or 6″sub ancer that. Alot of time I get a ” 6″ ” sub here and its actually 3.5″ to 4.5″ or 5″ but never 6″

  6. Teed says:

    Their name is misleading too, all the stores are above ground. Lets start another lawsuit.

  7. Michigan NINE here says:

    I hope this goes thru..At my local Subway in Michigan the “footlongs” are approx. 9 inches only. So that mean’s the $5.00 sub is about 42 cents an inch..therefore these should run about $3.78..yes I’m getting ripped OFF. I mentioned this and they looked at me like I had two heads..They can pull this off because its the only place in our small town.

    1. Billy Joe Jackson says:

      Where do you live?. Underarockville Alasksa?.

  8. jctoad says:

    Subway serves about 2.6 billion sandwiches a year according to http://www.huffingtonpost.com/2012/10/26/subway-sandwiches-world_n_2023347.html
    If each one is an inch short, it saves them 236,363,636 loves of “footlong” (11 inch) bread per year.
    If the bread was placed end to end, it would stretch 41,035 miles. That’s enough bread to go around the earth 1.65 times.
    I don’t know what it costs them to make a loaf of bread, but even if it costs them just 10 cents, it saves Subway $23.6 million per year!
    Do you still think that being a bit short on a sandwich isn’t a big deal?

  9. Nancy says:

    my family had the worst food poisining from subway we were sick for over 2 weeks . now we can’t stand the smell of subway. we use to love it.

  10. Tara says:

    If we’re being cheated then we’re being cheated. why should we just sit back and take it meanwhile a corporation gets more and more profits? you’re right we don’t have to eat there but if i eat there i want to know i’m getting what i paid for.

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