Subway to ensure its ‘Footlong’ sandwiches measure up to at least 12-inches after lawsuit

NEW YORK – Subway customers can finally be assured that their “Footlong” sandwiches will be so long as promised.

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With 43,945 sandwich shops in 110 countries, Subway has become the world’s most ubiquitous restaurant chain, posting armies of “sandwich artists” in more American outposts than McDonald’s and Starbucks combined.

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A judge a week ago granted final approval to a settlement of the class-action suit filed against Subway after an Australian teenager in 2013 posted a picture of his sandwich on Facebook which was only 11 inches. The image garnered international media attention, with The Ny Post writing that it found four out of seven Footlongs it bought in New York “measured only 11 or 11.5 inches.”

A judge had given preliminary approval in October to a settlement between Subway’s parent company Doctor’s Associates and plaintiffs’ attorneys. Final approval was granted on Feb. 25.

As part of the settlement, Subway agreed to institute practices not less than 4 years to ensure its bread is at least One foot long. The judge approved US$520,000 in attorney fees and US$500 for each from the 10 those who were representatives of the class, but no monetary claims were awarded to potential people in the category.

“It was hard to prove monetary damages, because everybody ate the evidence,” said Thomas Zimmerman, who was co-lead attorney for the class. Zimmerman said the lawyer fees are now being split among 10 lawyers.

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

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

Lynn Adelman, the court for that U.S. District Court Eastern District of Wisconsin, wrote within the final approval the plaintiffs’ attorneys realized their claims “were quite weak” after a preliminary mediation session. Rather than looking to get class certification for monetary damages, he explained plaintiffs decided to focus on injunctive relief requiring Doctor’s Associates to ensure its sandwiches are in least One foot long.

It was hard to prove monetary damages, because everybody ate the evidence.

Adelman wrote that the plaintiffs’ attorneys learned Subway makes its bread with “dough sticks” that weigh the same once they get to stores frozen. The dough will be thawed and stretched before baking, a procedure that can result in variability in the shape and size from the resulting bread.

While the dough may have different shapes, still it has got the same volume of ingredients, Adelman wrote. The amount of meat and cheese can also be standardized, but it’s entirely possible that a shorter bread loaf might lead to a slightly less toppings. For instance, “a sandwich that was 1/4-inch shorter than advertised may be missing a few shreds of lettuce or perhaps a gram or two of mayonnaise,” the judge wrote.

But Adelman also noted that sandwiches are made in front from the customer, who are able to request more toppings.

“Thus, the plaintiffs learned that, as a practical matter, the length of the bread does not affect the amount of food the customer receives,” Adelman wrote.

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