Subway® Sued Over Sandwich Size

Subway^® customers can now feel confident their “Footlong” sandwiches will measure up to their name. This assurance follows a legal battle ignited by a viral Facebook post from an Australian teenager, revealing his Subway sandwich was actually only 11 inches long. The ensuing uproar led to a class-action lawsuit and significant changes at Subway.

The Origins of the Controversy

In January 2013, Matt Corby, an Australian teen, posted a photo on Subway’s Facebook page showing his footlong sandwich measuring just 11 inches. The post quickly gained traction, amassing more than 118,000 likes in a single day. The post’s viral nature drew significant media attention and sparked a series of lawsuits across the United States.

Legal Proceedings and Settlement

Several lawsuits were filed in various states including Illinois and Wisconsin. These lawsuits claimed Subway’s footlong sandwiches were often less than the advertised 12 inches. The Eastern District of Wisconsin court, presided over by Judge Lynn Adelman, reviewed the case extensively. Adelman noted that the variation in sandwich length was due to the natural variability in the bread-baking process. He concluded that most of Subway’s bread measured at least 12 inches and any deviations were minor, usually less than a quarter inch.

Ensuring Consistency: The 12-inch Requirement

As part of the settlement reached on Feb. 25, 2016, Subway agreed to implement measures to ensure their bread would consistently meet the 12-inch requirement. This included requiring franchisees to use tools to measure the bread. Additionally, the settlement awarded $520,000 in attorney fees and $500 to each of the 10 individuals representing the class. However, no monetary compensation was given to other plaintiffs, as proving monetary damages was deemed impractical since the evidence had been consumed.

Appeal Thrown Out

In 2017 the 7th U.S. Circuit Court of Appeals in Chicago overturned the class-action settlement against Subway, calling it “utterly worthless.” Circuit Judge Diane Sykes noted the natural variability in bread-baking meant sandwich length discrepancies did not affect the food quantity, rendering the settlement ineffective and an abuse of the legal system.

Moving Forward

Subway has since implemented practices to ensure their footlong sandwiches live up to their name, aiming to avoid any further distractions from their goal of providing quality meals. This settlement marks a significant moment in consumer rights, emphasizing the importance of truth in advertising and consistency in product delivery.

Subway’s commitment to these new practices assures customers that their footlong sandwiches will indeed measure up, putting an end to this length controversy.

References: Subway to ensure footlong sandwiches are 12 inches after judge OKs agreement | Why Subway’s Footlong Sandwiches Once Caused A Lawsuit| ‘Worthless’ Subway footlong class action settlement that gave customers payouts because the sandwiches were too short is THROWN OUT on appeal