Subway has faced accusations of “unfair and deceptive trade practices” in a new lawsuit filed against the sandwich chain.
On Monday (October 28), plaintiff Anna Tollison filed the complaint specifically against Subway’s “Steak and Cheese” sandwiches. She accused the franchise of using “photographs in its advertisements that make it appear that the Steak and Cheese sandwich contains at least 200 percent more meat than the actual sandwiches that customers receive.”
According to Tollison, she had gone to a Subway location in Jamaica, New York, to pick up a Steak and Cheese sandwich she ordered through the chain’s app for $6.99. After she began to eat the sandwich, she allegedly noticed there were only a few pieces of steak and realized it was not like the photo.
In the class action lawsuit, she claimed Subway’s advertisements for the Steak and Cheese sandwich “are unfair and financially damaging to consumers as they are receiving a product that is materially lower in value than what is being represented,” according to ABC News.
“Subway’s actions are especially concerning now that inflation, food, and meat prices are very high and many consumers, especially lower income consumers, are struggling financially.”
The filing also accused the chain of using certain photos to convince Subway customers to “make purchases that they would not have otherwise made.” Tollison is seeking unspecified damages for New Yorkers who bought a Steak and Cheese sandwich at Subway in the last three years.
The Independent has contacted Subway for comment.
This isn’t the first time the sandwich chain has faced accusations of false advertising. Back in 2013, two men from New Jersey filed a lawsuit over the size of Subway’s footlong sandwiches. At the time, their lawyer Stephen DeNittis tested 17 of the company’s “footlong” sandwiches and found that each one was less than a foot long.
The lawsuit was filed shortly after someone posted a picture of a footlong on the company’s Facebook page, showing the sandwich was not as long as advertised. Following the complaint, the company issued a statement that the sandwich lengths can vary when franchises do not bake to the exact standard.
Subway also claimed that a footlong sub wasn’t necessarily meant to be exactly 12 inches long, adding: “With regards to the size of the bread and calling it a footlong, ‘Subway Footlong’ is a registered trademark as a descriptive name for the sub sold in Subway restaurants and not intended to be a measurement of length.”
“The length of the bread baked in the restaurant cannot be assured each and every time as the proofing process may vary slightly each time in the restaurant.”
The company finally settled the lawsuit in 2017, in which Subway agreed to measure both its foot-long sandwiches and its six-inch sandwiches. The company also agreed to keep a tool for measuring bread in each of its restaurants for at least four years. The chain stated it would have monthly inspections to ensure sandwiches are the same lengths as advertised. According to the settlement, Subway workers could be fired if they were caught violating the rules.
