Subway vows to ensure Footlong is full size after Aussie teen’s photo sparked lawsuit

THE chain has settled a US class-action suit filed after Perth teenager Matt Corby posted a photo of his inadequate sub on Facebook.

SUBWAY customers can finally rest assured that their “Footlong” sandwiches will be as long as promised.

A judge last week granted final approval to a settlement of a class-action suit filed against Subway after an Australian teenager posted an image on Facebook of a sandwich that was a mere 11 inches.

The photo of a turkey sub alongside a tape measure shared by Matt Corby, from Perth, on the company’s Facebook page garnered international media attention back in 2013.

The New York Post found thatfour out of seven Footlongs it purchased in New York “measured only 11 or 11.5 inches.”

A judge in Wisconsin gave preliminary approval in October to a settlement between Subway’s parent company Doctor’s Associates and plaintiffs’ lawyers, with final approval granted on February 25.

As part of the settlement, Subway agreed to institute practices for at least four years to ensure its bread is at least 12 inches long. The judge approved $520,000 in legal fees and $500 for each of the 10 individuals who were representatives of the class, but no monetary claims were awarded to potential members of the class.

“It was difficult to prove monetary damages, because everybody ate the evidence,” said lawyer Thomas Zimmerman, adding that the fees were being split between 10 law firms.

Subway said in a statement that it was pleased the judge found no wrongdoing on its part.

The chain has agreed to ensure franchisees use a tool to make sure subs really are a foot long.

“This allows us to move forward, without distractions, on our goal to provide great tasting sandwiches and salads, made exactly as each guest likes,” the statement said. “We have already taken steps to ensure each guest receives the Footlong or six-inch sandwich they order.”

Lynn Adelman, judge for the US District Court Eastern District of Wisconsin, wrote in the final approval that the plaintiffs’ lawyers realised their claims “were quite weak” after an initial mediation session.

Instead of trying to get class certification for monetary damages, he said plaintiffs decided to focus on injunctive relief requiring Doctor’s Associates to ensure its sandwiches are at least 12 inches long.

Adelman wrote that the plaintiffs’ lawyers learned Subway makes its bread with “dough sticks” that weigh the same when they arrive at stores frozen. The dough is then thawed and stretched before baking, a process that can lead to variability in the size and shape of the bread.

While the dough may have different shapes, it still has the same quantity of ingredients, Adelman wrote. The amount of meat and cheese is also standardised, the judge observed, but it was possible a shorter bread loaf might lead to less filling.

For instance, “a sandwich that was an inch shorter than advertised might be missing a few shreds of lettuce or a gram or two of mayonnaise,” the judge wrote.

But Adelman also noted that sandwiches are made in front of the customer, who can ask for more filling.

“Thus, the plaintiffs learned that, as a practical matter, the length of the bread does not affect the quantity of food the customer receives,” he added.

Subway nevertheless agreed as part of the settlement to take steps to ensure its bread is at least 12 inches long, including requiring franchisees to “use a tool for measuring bread.”

Originally published as Subway vows to ensure Footlong is full size after Aussie teen’s photo sparked lawsuit