Monday, May 16, 2016

Why Subway no longer offers $5 footlong sandwiches

The advertisements now say the Subway Footlong Sandwich is $6.

The company says its operating costs have increased, which is no doubt true, for more reasons than at first you might suspect.

Subway now needs to measure its sandwich bread.

USA Today - Subway agrees to measure sandwich bread to settle lawsuit

Several lawsuits, which began in New Jersey and were consolidated, alleged that Subway's "Footlong Sandwich" was usually only 11 inches long. Therefore, Subway was guilty of false advertising and/or cheating its customers.  Nevermind that the bread dough was standardized, so if the loaf was shorter than 12 inches long, it would be wider and/or thicker than normal.  The weight of the bread was consistent.

Depending on which news report you read, the ten named Plaintiffs received either $500 or $1000 each, for their "loss" of sandwich length and inconvenience.  Everyone else who ate at Subway during the time period in question gets, drumroll, A GUARANTEE THAT IN THE FUTURE THEIR SANDWICH WILL ACTUALLY BE A FOOT LONG.

And those hard-working lawyers who fought diligently for their clients, ensuring they actually received a FOOT LONG SANDWICH at Subway when that's what they ordered, received $525,000.

I'm not sure how many lawyers had to split that bounty, but I'm sure not one of them.

I practice in the wrong area of law...........


  1. Ohmigosh, you sure do, Dena.

    Boggles the mind that a judge wouldn't have thrown this out of court as soon as s/he found out the weight of bread was the same! Obviously NOT a baker.

    1. I don't know if Subway's attorneys ever filed a motion to get the cases dismissed, but Subway did agree on this settlement. Makes me wonder if $525k plus $10k was "nuisance value".

      You may find it interesting that these cases began when a photo of an 11" sandwich [complete with measuring strip along the top] taken by an Aussie went viral. Therefore, it's all the Aussies' fault =)

    2. Most of our ancestors were sent here for stealing a loaf of bread - so it's a topic near and dear to our hearts ;)

  2. Oh, this is too much. In the USA you can sue for anything. Not so in Italy and France. The justice systems are clogged and slow.

    Was this a class action?

    1. Yes, several individual cases were consolidated into a class action lawsuit. And yes, in the USA anyone can sue anyone for anything. That doesn't mean you'll win, but you can sue. Many times a company will settle the suit for "nuisance value", just to get rid of it. I don't know if that's what happened here, but it is a possibility.