Update (January 24, 2013): On Tuesday, January 22, 2013, two men from New Jersey filed a lawsuit against Subway for serving sandwiches that aren’t actually 12 inches long, reports The Associated Press. The plaintiffs’ lawyer, Stephen DeNittis, is seeking class-action status. “The case is about holding companies to deliver what they’ve promised,” he told The Associated Press.
DeNittis says he and his clients, John Farley and Charles Noah Pendrack, want compensatory damages and for Subway to change its advertising to match what it actually provides to consumers.
Usually we are OK knowing that the flame-broiled burger we order at the counter won’t be as picture perfect as the one in the advertisement. Or that the succulent shrimp dancing across our TV screens likely won’t really resemble the ones that land on our plates. But many people expect that a sandwich chain that offers a foot-long sub on its menu will actually serve a foot-long sub. Alas, customers have noticed that’s not the case at Subway.
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According to the New York Post, Matt Corby of Australia posted a photo on Subway’s Facebook page showing a measuring stick against his “foot-long” sub, which hit just 11 inches. His caption: “Subway pls respond.” At press time, the photo and phrase had garnered more than 129,000 “likes.” And Corby was not alone in his discovery.
The New York Post reports that a number of other Subway devotees posted similar pictures and demanded explanations. One Facebook user, Ben Wiseman, added this caption with a photo of this 10.5-inch sub: “I demand free Subway sandwiches for the rest of my life or I will sue for false advertisement.”
While some were angry (Wiseman’s message was in ALL CAPS), others wondered if it was just an innocent mistake by the sandwich chain. A Reddit user’s theory as to why the sub was shy an inch had to with a cold sandwich vs. a hot one. When the sandwiches begin cold, they maintain their size, but when the sandwich is served hot and then becomes cold, shrinkage can occur.
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What do you think? Should Subway be held responsible for false advertising? In the case of the foot-long, does size matter?
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