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Men Disappointed in Sandwich Length File Lawsuits Against Subway

Three men are suing Subway saying its footlong sandwiches just don't measure up.

If you're headed to Subway bring your appetite—and your ruler.

This past week, lawsuits were filed in California and New Jersey accusing the fast-food franchise of fraud and false advertising. Plaintiffs say the footlong subs just don't measure up.

According to a report in The Sacramento Bee, a suit filed Thursday in Sacramento by Richard Springer says the footlong sandwiches come up short of 12 inches.

The suit, which seeks class-action status, claims Springer “suffered an injury in fact and lost money as a result of the deceptive and unfair conduct” of Subway, according to the newspaper.

And in New Jersey, two men are also suing the sandwich giant because they say the advertised footlong sub is just shy of 12 inches.

According to NBC 10, the lawsuit was filed this week. The plaintiffs, John Farley of Evesham and Charles Noah Pendrack of Ocean City, NJ, said they measured 17 Subway footlong sandwiches and all were not quite 12 inches. 

Read the full story on NBC 10.

What do you think? Does this lawsuit have merit? Should a footlong sandwich measure 12 inches? Tell us in comments.

Tim L January 27, 2013 at 04:29 AM
MIchael Phelps' left foot is still 11" long, and I'm OK with that, but I think it bothers him that his head is 37" long, but only 5" wide. I'm a little freaked out by that, myself, to be honest.
Washy January 27, 2013 at 02:53 PM
Richard there is a big difference between losing ONE inch and half of sandwich! The dialogue is about FRIVOLOUS and UNWARRANTED lawsuits.....so you think it would be ok if we all sued for cents over food not made right? BTW women have been lied to by men for years about six inches and 12 inches (might be why many accepted a four inch sandwich as six)....Should we sue them?
Scott Burford January 27, 2013 at 04:10 PM
I think it could be easily argued by Subway that lack of advertised length alone does not prove that the consumer was ripped off. What about girth and weight? It would be possible that an eleven inch sub might have the same amount of dough when it is baked -- it's just a little wider or taller when it's done. This argument does not properly address the possible lack of filling of the sandwich -- and in fact, that's where I think Subway continually gets the consumer. Look at the picture on the window versus what you actually get. Less meat and cheese. But it really has nothing to do with the "missing one inch"
SalthePlumber January 27, 2013 at 06:34 PM
Subway should know better. Making a foot-long at 11 inches is foolish and a lawsuit waitoing to happen. I think they should make a foot-long at 13 inches! Then they would have something to SELL!!
Rene January 27, 2013 at 07:52 PM
Whats next? Wives suing husbands over size?
Mistee Parker January 27, 2013 at 07:58 PM
This is the stupidest lawsuit I have ever heard..really & for 5 million dollars.. They are finding anything dmfor a buck & the tax payers expense.. Get over it who cares.. I'm sure if they make their own food for people that even if it says it serves x amount of people they will fall short..it's just dumb.. Ur stOmach will not know weather u ate another 1/2 inch it not.. Stupid !!!
Vito Spago January 27, 2013 at 09:16 PM
I agree. I know the Subway foot longs were slightly short but the price was right so I did not care. Women are the same way. I could give them $1M dollars and they wouldn't care if I was a eunick or not.
Ike January 27, 2013 at 11:00 PM
If they can make money off of this, just imagine if somebody sued the movie, "The Never Ending Story" for false advertising. It ended back in 1985!
ikedaddy January 27, 2013 at 11:06 PM
They need to make a recent never ending story that movie was tha shiz back in da day!!
Hannah January 28, 2013 at 12:19 AM
There isn't any less bread there, its just improperly baked! I work at a subway and if it isn't stretched out right it won't bake right! No one is getting scammed, if you weigh the bread it will weigh the same! People should educate themselves before making stupid complaints.
Washy January 28, 2013 at 12:28 AM
Right Hannah education. 1lb=16ounces but never can be translated into inches or feet...also based on your experience only some stores, and some people who be making shorter bread. But still back to education weights and measurements might be taught in the same class but are not interchangeable......
ikedaddy January 28, 2013 at 01:06 AM
They had to have been high on dat bomb bay!! Who goes home and measures their sandwich before eating it?
None January 28, 2013 at 03:25 AM
Washy! My local grocery store markets many their products by weight, count and volume. When they say a pound of potatoes, I can weigh them right there at the store. A dozen eggs still has a count of 12 and a quart of milk is still one quart. The butcher weighs and charges me by the pound, just like he advertises. A gallon of gas is still measured by a standard. I don’t agree with a law suit, but when a businessman says “A Foot Long,” That is what he/she is marketing and that is the standard and increment of measure they elected to use. If they say, “A Foot Long,” it should be a foot long. This really seems kind of basic to me. Or is it too logical to you that the sign and the price don’t have to agree?
Tania Hartz Appell January 28, 2013 at 04:58 AM
I love this comment. Where is my ruler?
M.Legison January 28, 2013 at 05:14 AM
Subway puts out a good sandwich for $5. What was it, half an inch short? How much does your McDonald's Quarter Pounder weigh? If this was deadbeat independent the liberals would be all over themselves defending them. They hate chains because they realize they're actually making a ...ewwwwwww... profit.
jay January 28, 2013 at 05:22 AM
wow, almost 50 comments about sandwiches. what if we started a thread about something important like world peace or hunger? would anybody care?
M.Legison January 28, 2013 at 05:38 AM
No. Unless you want to get arrested for beating a dead horse. That would be newsworthy.
Gregory Brittain January 28, 2013 at 07:50 AM
As someone suggested above, the case could be a very dangerous legal precedent if women start suing based on the same legal theory.
ElizabethTrout January 28, 2013 at 12:39 PM
So when is it ok to sue? At 10 inches? 9 inches? What if they call it a foot long and it's only 3 inches? And by sue, I mean sue because complaining alone doesn't do anything. And who says the sueing is for money?
Washy January 28, 2013 at 02:31 PM
Seriously?!?!?! It is OK to sue for what you are out. So the sandwich is about .41666666 cents an inch....so if you are out ten inches four dollars sixteen cents. IF you are dumb enough to continue to pay full price for less then full sandwich at some point you are liable for your own stupidity (and that would depend on the judge) And if you are talking about class actions suits in which the litigants only get "coupons" the lawyers still get money. There is always suing for money. More often then not these big companies settle because even if it goes to court they are out more in Lawyer fees...so it is "economically safer" to give the attorneys their fee and a few hundred thousand coupons for free sandwiches, then raise your prices. But the point is there is no lawsuit that is NOT for money. And the time to sue is really when someone damages you or your property....not because you don't know the diff between 11 and 12 inches.
Washy January 28, 2013 at 02:40 PM
And you as the consumer have a diligent duty to make sure you are getting what you paid for. Just as when you go to Walgreens or other place that scans the price, who is going to tell you if they are ripping you off if you don't do your due diligence and check? How many of you are upset for Fresh and Easy because of their over pricing? How many of you caught it on your own. Richard do you weigh your potato bag (or whatever) when you pick it up and make sure it weighs what they say or are you a stupid consumer who buys what they are selling? Read my first comment on this subject I quit eating there years ago because the six inch was closer to four. First my eyes caught then I brought a tape measure in as a gag and was shocked how much smaller it was. I agree they shouldn't be able to advertise foot long if it wasn't but it is not law suit worthy. I would rather see some better standard of advertising to come out of this then a court clogging lawsuit. Who remember when Listerin used to claim it "cured or prevented" the common cold? It wasn't true...No cash pay day lawsuit.....there was a law made in advertising.
Washy January 28, 2013 at 02:45 PM
Yea maybe you should(not) it might be called a foot long but it is often on signage with a 12 inch tape measure!
Washy January 28, 2013 at 02:46 PM
Actually about 35comments with a healthy debate on whether this is lawsuit worthy and 15 useless comments (oops this one makes 16)
david January 29, 2013 at 02:36 AM
Subway sandwiches are a bargain at 5 bucks. I get the footlong ham and cheese and load it up with every veggie they have. I wouldn't blink if they charged 6 bucks, and as a result of this potential bogus class action, that's what we'll all be paying. Thanks, freakin' attornies!
Eric January 29, 2013 at 02:10 PM
Anybody stop and think, subway subs are made by weight. It does not matter if it is 11 inches or 13, its the same amount of food. I for one couldnt care less how long the damn sandwich is, or should i sue because my 11 incher is fatter than that other customers sub?
Washy January 29, 2013 at 02:45 PM
Eric I am sure the girth of your sandwich is average. And there is not a scale in the place....The subs are sold by size
John Hanson January 30, 2013 at 08:10 PM
The judge should have never heard the case. The court system needs a overhaul.
Tom Eiseman January 30, 2013 at 10:38 PM
I agree ... too many frivolous lawsuits. But we only hear about the ones that make it into the system. Most judges don't want to waste their time, and throw them out / dismiss them. In any case, seems like the Australian Facebook post (with the tape measure photo that went viral) did more to encourage Subway to make sure their ads meet the "Truth in Advertising" standard than anything else.
Deborah LongstreetMartin February 16, 2013 at 12:18 AM
Subway Deserves to get sued! I just came from Subway a short while ago and was ripped off the meat! There meat is No longer sold by weight! I came from store number 31612 in Boyette near Bloomindale, Florida. I ordered a Spicy Italian and substituted the pepperoni for Genoa Salomi. In this process you are given 20 slices of Genoa Salomi total and I was given only 16...I filed a complaint with the store manager that called me from a restricted number...Now I see why! She refused to do anything or rectify the situation! She told me she didn't care and that's what she puts on the sandwich and doesn't care what any of the other Subway stores put on there subs!!! Subway has really gone downhill. I will Not EVER eat at Subway anymore! I would rather be a fat pig! As for the veggies they put on the sub is ridiculous also! It's like all bread now! Sad! Truly Sad!
Deborah LongstreetMartin February 16, 2013 at 12:37 AM
I agree with you Elizebeth! Complaining alone does Nothing! It seems when a company gets sued they decide then they want to start following the rules or own up to there advertising! I had a similar issue today with Subway except it's not about the bread although, it was Not fresh as they claim! I was ripped off the meat! When ordering a Spicy Italian and you substitute the pepperoni for genoa salami you are suppose to get 20 slices of genoa salomi and I was only given 16...i filed a complaint with the manager and she said she didn't care! Wow! Really? Talk about being ripped off, False advertisement and Fraud! Sad...truly sad!

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