Skip to Content

Food for Thought: Federal Court Says Subway's Sandwiches Must Measure Up
October 22, 2015

Sandwich

A federal court judge from the Eastern District of Wisconsin gave preliminary approval to a settlement of the consumer class action lawsuit alleging that Subway deceptively and fraudulently advertised and sold “six-inch and foot-long” sandwiches. Essentially, plaintiff argued that the sandwiches didn’t “measure up” and therefore Subway was liable for shorting its customers.

Subway agreed to implement quality control measures that will ensure that the bread used in sandwiches sold to customers is either six, or twelve, inches long. In exchange, the named plaintiffs will each receive $1,000 and Subway will pay attorney’s fees, expenses, and costs not to exceed $525,000, spilt among several plaintiffs’ law firms involved in the lawsuit. Subway will also separately pay all costs and fees associated with creating a settlement website. Class members will not receive monetary relief. Rather, they will receive only the injunctive relief they sought.

Interestingly, the order preliminarily approving the settlement mentions that it “took almost 18 months and the assistance of the Court and a retired magistrate judge to negotiate;” thus, finding that the settlement is not collusive in any way.
©2024 Carlton Fields, P.A. Carlton Fields practices law in California through Carlton Fields, LLP. Carlton Fields publications should not be construed as legal advice on any specific facts or circumstances. The contents are intended for general information and educational purposes only, and should not be relied on as if it were advice about a particular fact situation. The distribution of this publication is not intended to create, and receipt of it does not constitute, an attorney-client relationship with Carlton Fields. This publication may not be quoted or referred to in any other publication or proceeding without the prior written consent of the firm, to be given or withheld at our discretion. To request reprint permission for any of our publications, please use our Contact Us form via the link below. The views set forth herein are the personal views of the author and do not necessarily reflect those of the firm. This site may contain hypertext links to information created and maintained by other entities. Carlton Fields does not control or guarantee the accuracy or completeness of this outside information, nor is the inclusion of a link to be intended as an endorsement of those outside sites.

Disclaimer

The information on this website is presented as a service for our clients and Internet users and is not intended to be legal advice, nor should you consider it as such. Although we welcome your inquiries, please keep in mind that merely contacting us will not establish an attorney-client relationship between us. Consequently, you should not convey any confidential information to us until a formal attorney-client relationship has been established. Please remember that electronic correspondence on the internet is not secure and that you should not include sensitive or confidential information in messages. With that in mind, we look forward to hearing from you.