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Subscribe to RSSSubway restaurant customers are posting pictures online of their "Footlong" sandwiches next to a measuring tape to show that they're not up to size.
The image of the 11-inch Subway sandwich marketed as "Footlong" that ignited an online chuckle-fest last week has now sparked a lawsuit.
Citing "false, deceptive" and "misleading affirmative statements of fact," two New Jersey men, John Farley of Evesham and Charles Pendrak of Ocean City, sued Subway on Tuesday to regain losses of 5 to 8.3 percent on the several "Footlong" sandwiches they bought from the sandwich store -- about $.41-$.54 per sub, depending on whether it was the $5 or $6.50 kind. The lawsuit, which is seeking class-action status for anyone who bought a sandwich in New Jersey from January 22, 2007 to the present, asks for triple damages. That comes to a grand total of $1.23-$1.62, which is not even enough to buy yourself a new sub. The lawsuit specified one date in December Farley bought a Footlong, and three dates between December and January that Pendrak bought Footlongs, along with "various other dates" on which each bought Footlong sandwiches.
After Australian Matt Corby, having a bit of fun, last week posted a photo of a "Footlong" Subway sandwich next to a measuring tape showing it as only 11 inches long, the picture went viral and kicked off a media pig pile. The two approached lawyers after reading the short sandwich news coverage, their lawyer Stephen DeNittis told the New York Post. Online commenters identifying themselves as Subway employees speculated that the consumers were receiving exactly the same dough as others who got 12-inch subs but that the dough, which arrives frozen at franchise locations, hadn't been properly tugged, pulled and "proofed" before it was baked.
Because the legal action is still pending, Subway spokesperson Les Winograd declined to comment on the case specifically.
Matt Corby
Matt Corby uploaded a photo to Facebook of a Subway sandwich advertised as a "Footlong," next to a measuring tape showing it as 11 inches long. The caption read, "subway pls respond," and, after the image went viral, Subway did.
"We regret any instance where we did not fully deliver on our promise to our customers," Winograd told TODAY via email. "We freshly bake our bread throughout the day in our more than 38,000 restaurants in 100 countries worldwide, and we have redoubled our efforts to ensure consistency and correct length in every sandwich we serve. Our commitment remains steadfast to ensure that every SUBWAY® Footlong sandwich is 12 inches at each location worldwide."
Stephen DeNittis, the lawyer for the plaintiffs, told TODAY that his firm had "Footlong" sandwiches from 14 different Subway locations measured, and each fell short.
DeNittis shrugged off the suggestion that regardless of the sandwich length, consumers were still getting the same amount of dough in their loaf, saying, "If they were selling by net weight, that would be a good argument."
The case is worthy of the court's time, DeNittis said. "It's no different than if a wireless company is profiting on a 14-cent hidden fee."
DeNittis, an experienced class-action lawyer, is familiar with the criticisms of his trade, such as class actions profit the lawyers with big fees while consumers walk away with coupons. DeNittis said class-action courts were set up to deal with consumers with small-damage cases. Any fees lawyers receive are court-approved, he said, and are based on the "hundreds of thousands of hours" they can take to prosecute, as well as factoring for the risk the lawyers take on when they accept the case.
"If you believe it's OK to shortchange consumers on little fraud ... if you think it's only OK to go after companies for big fraud," then you probably won't think this case measures up, he said.
The case is about "holding big companies to deliver what they promised," said DeNittis. "When you expend it over millions of sandwiches, it adds up." He added that his firm "will be investigating to find out if Subway intentionally made sandwiches smaller to profit unfairly off consumer deception."
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Its not only the Dough. The loaf may be the same weight but shortening the length by 1 inch or 1/12th also reduces the content by 1/12th and therein lies the fraud or misrepresentation.
You can't say that its too trivial because right is right and fair is fair. If this is too small a matter then at what level is it ok to defend your rights and who decides?
So if they sued Slubway for their bad tasting/overpriced stuff, I could see that. But.............................
1. Bread can be crumpled or stretched, so it can be 12 inches if you just tug on it a litlte more.
2. Quarter pounders don't weight 1/4 lb after cooking, i'm sure subway can claim something similar.
And since Subway cuts a footlong bun in half to make a 6" sub, will they need to install laser-guided cutters to insure each half is exactly six inches? The one time a sandwich artist gets a little cross-eyed with the knife, a scummy lawyer will be there to pounce with a lawsuit. Ridiculous.
As humorous as this lawsuit is and as frivolous, to some, as it may appear, the "truth in advertising" laws that protect the consumer are in place to protect us all. This case may ultimately see a courtroom, but will more likely be settled out of court. In any case, the big winners will be the attorneys.
This should be the definition of a frivolous lawsuit. These 2 same guys will probably end up being sued by thier love making partners for not being abler to measure up in the sack. File under S for stupid!
It is remarkable what restaurants get away with. Burger King is serving horse meat, Subway's footlong is really eleven inches(which means their six inch is 5.5) and the list is interminable. At some point the consumer has gotta put their foot down and demand accountability.
Just proves you can find a lawyer who is willing to file suit over ANYTHING, no matter how frivolous, in an attempt to collect a fee. Subway's ad DID NOT offer a "$5 12-incher", it offered a "$5 foot-long". Foot-long is an approximation. I'll bet they've had a few 12-1/2" subs too. Nobody talks about that. They (lawyers and clients) should be run out of court on a rail and punished for filing a frivolous suit. This is what America has come to.
@Jerry C: Baloney, a "foot-long" means exactly what it says, not a "foot long" approximation. Foot=12", yard=3'. Mile=5,280'.
I suppose you think the yard, or mile is also an approximation? And what grade in grade school are you in? It is false advertising, and they got caught at it. Should this go to court, no it shouldn't. But Subway should be fined several million dollars for their false ads.
Quit defending these corporations. Almost all of the Wal-mart employees are on food stamps, yet Wal-mart made billions of dollars last year. And yes, you and I and others pay for their food stamps. Just so the Walton's don't have to pay liveable wages. And the Walton's laugh all the way to the bank at how dumb we are.
And you know what? They are correct, because 47% of the people keep voting against their wallets. Quit voting for the GOP and save yourself some money. Then you won't have to complain about all the people on food stamps.
Totally agree with those 2 dudes!!!! When at first reports to "What happened to the other inch?" the 1st thing that came to my mind was hey how about a law suit?! But did not pursue it. But these dudes sure did!! Hey if they announce foot-longs then by all means seel the 12 inches period!!!
More scumbag lawyers and money grabbing punks that need to be removed from society.
If there is a problem bring it forth and fix it, you don't need to sue for money for everything. Have fun trying to prove intent, you won't be able to MORONS.
@Ourdoc: They don't have to prove anything, Subway has to prove their foot longs are 12" long, as that is what the customer has been paying for all of this time.
I agree, no need for all the lawsuits, but somewhere, somehow, a point has to be made that these corporations cannot get by with false advertising.
But that probably doesn't bother or concern you, right? Sure glad you are not in the majority.
I thought this a story about a lawsuit against the NYC Transit Authority for the subway system shrinking after it got submerged.
Disappointment.
I was positive the shortage was Mike Bloomberg's fault. Better frisk him before he leaves the room...
Only in the United States of Greedy Whiners...so absurd
Classic display of urban American greed from both sides!
I totally agree
If you got the correct amount of bread, meat, etc. then you weren't shorted anything? Doesn't really matter if it was 12x3 or 9x4 or whatever. To win a suit, they would have had to have been "damaged" in some way? Not clear what the damage was?
Sure... just make it harder on the minimum wage workers.
This is the most ridiculous lawsuit I've ever head of. For crying out loud what a waste of time and money. @!$%# like this is why i want to leave this dumb country
LOL Dave you don't have the balls ! Leave the country ? and the ignorant speak ! lol
Whats the problem? I have to downsize!
False & misleading information, Missing inch, Profiting unfairly off of consumer deception. Hummmm ! Sounds like a good base for a malpractice suit over circumcisions.
I wonder if I can sue my female co-workers for lying about their ages??