NEW YORK – Subway customers can finally be assured that their “Footlong” sandwiches will be as 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 additional American outposts than McDonald’s and Starbucks combined.
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A judge a week ago granted final approval to some settlement of a class-action suit filed against Subway after an Australian teenager in 2013 posted a picture of his sandwich on Facebook that was only 11 inches. The look garnered international media attention, with The Ny Post writing it found four out of seven Footlongs it bought in Ny “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 area of the settlement, Subway agreed to institute practices not less than 4 years to ensure its bread reaches least 12 inches long. The judge approved US$520,000 in attorney fees and US$500 for every of the 10 those who were representatives from the class, but no monetary claims were awarded to potential people in the class.
“It was difficult to prove monetary damages, because everybody ate the evidence,” said Thomas Zimmerman, who had been co-lead attorney for the class. Zimmerman said the attorney fees are now being split among 10 law firms.
Subway said in a statement it’s 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 supply tasty sandwiches and salads, made exactly as each guest likes. We’ve already taken steps to ensure each guest receives the Footlong or six-inch sandwich they order,” the statement said.
Lynn Adelman, the court for the U.S. District Court Eastern District of Wisconsin, wrote within the final approval that the plaintiffs’ attorneys realized their claims “were quite weak” after a preliminary mediation session. Rather than trying to get class certification for monetary damages, he said plaintiffs chose to concentrate on injunctive relief requiring Doctor’s Associates to ensure its sandwiches are at least 12 inches long.
It was difficult 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 when they get to stores frozen. The dough is then thawed and stretched before baking, a procedure that may lead to variability in the size and shape of the resulting bread.
While the dough may have different shapes, it still has got the same quantity of ingredients, Adelman wrote. The amount of meat and cheese is also standardized, but it’s possible that a shorter bread loaf might lead to a rather less toppings. For instance, “a sandwich that was 1/4-inch shorter than advertised may be missing several 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 are able to request more toppings.
“Thus, the plaintiffs found that, as a practical matter, the size of the bread has no effect on the quantity of food the customer receives,” Adelman wrote.
Still, Subway agreed as part of the settlement to take steps to ensure its bread reaches least One foot long, including requiring franchisees to “make use of a tool for measuring bread.”
