MOUNT HOLLY, N.J. — First came the complaints that Subway’s so-called footlong sandwiches were coming up a bit short of a foot. Now comes the lawsuit.
According to the Associated Press, two New Jersey men filed a lawsuit on Tuesday in state court against the sandwich shop chain claiming that the company’s ads – featuring $5 footlong sandwich specials – are misleading.
The plaintiffs, identified as John Farley, of Evesham, New Jersey, and Charles Noah Pendrack, of Ocean City, New Jersey, are asking for compensatory damages and a change in the chain’s practices – either by making sure that their sandwiches are a full foot in length, or stop advertising them as footlong.
Stephen DeNittis, lawyer for the plaintiffs, says that he’s seeking class-action status, and is about to file a similar lawsuit in neighboring Pennsylvania. He says that he has measured sandwiches from 17 different Subway sandwich shops, and they have all come up short.
The lawsuit comes after a photo posted to the company’s Facebook page last week which showed a sandwich and a ruler went viral. The company said at the time that the length of the sandwiches can vary when franchises stray from exact corporate standards.
Subway did not respond for comment on Wednesday, the AP reports.