Subway hit with class action lawsuit for skimping on portions

By Daily Mail (U.S.) | Created at 2024-10-29 19:11:33 | Updated at 2024-11-05 21:22:55 1 week ago
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By Alexa Cimino For Dailymail.Com

Published: 17:41 GMT, 29 October 2024 | Updated: 18:13 GMT, 29 October 2024

A new lawsuit accuses Subway of deceiving customers with misleading advertisements, leaving them wanting more after luring them in with promises of thickly stacked sandwiches.

The complaint, filed in Brooklyn federal court, alleges that Subway's Steak & Cheese commercials are 'grossly misleading' as they portray the sandwiches as overflowing with meat, significantly exceeding the actual amount served.

Photos included in the lawsuit show a stark contrast between the advertised image and the reality of a much more bread-heavy sandwich. 

The lawsuit emphasizes that this practice is particularly concerning given current inflation and high food prices, disproportionately impacting low-income consumers.

The plaintiff, Anna Tollison from Queens, New York, claims she paid $7.61 for a Steak & Cheese expecting the advertised portion size. 

A new lawsuit accuses Subway of deceiving customers with misleading advertisements

 The complaint, filed in Brooklyn federal court, alleges that Subway's Steak & Cheese commercials are 'grossly misleading' as they portray the sandwiches as overflowing with meat, significantly exceeding the actual amount served

The lawsuit seeks unspecified damages for New Yorkers who purchased the sandwich in the past three years, alleging violations of state consumer protection laws.

Subway, recently acquired by Roark Capital, has not yet responded to requests for comment. 

This lawsuit follows similar unsuccessful attempts by the same law firm against McDonald's, Wendy's, and Taco Bell. 

However, Tollison's lawyer, Anthony Russo, believes the Subway case is a more egregious example and hopes to set a precedent.

Subway previously faced a lawsuit regarding the length of their "footlong" sandwiches, which was dismissed in 2017. 

The current case is Tollison v. Subway Restaurants Inc et al, filed in the U.S. District Court, Eastern District of New York.

This comes after Subway was forced to call emergency meeting with the franchisees that run its 19,000 restaurants amid tumbling sales and profits.

All fast food chains have suffered in the past year as inflation-weary Americans have eaten a lot less. McDonald's, Burger King and Wendy's have all rolled out $5 meal deals.

But Subway has been particularly badly hit, with sales down 9 percent - amid complaints of huge price hikes and tired looking shops. And it has yet to roll out a competitive national offer like rivals - despite previously being known for their $5 footlongs.

'Maybe Subway is calling an emergency meeting because no one wants to pay $12 for a mediocre sandwich they can make for $3 at home,' Douglas Boneparth, president of Bone Fide Wealth wrote on X.

'I paid almost $20 for a footlong with chips and a drink the other day at Subway. Cheaper to go to Publix and the sandwich is better,' one consumer wrote in agreement.

The plaintiff, Anna Tollison from Queens, New York, claims she paid $7.61 for a Steak & Cheese expecting the advertised portion size

Subway does not give out overall sales data but its eastern US region of around 1,000 subways saw sales plunge 8.7 percent between June 25 and July 16 compared to a year earlier, the New York Post reported.

A spokesperson for the chain denied that the conference was an emergency, instead insisting 'we consistently and proactively communicate with our franchisees to share business updates and plans.'

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