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Two Men Now Suing Subway Over ‘Footlong’ Sandwiches That Measure a Bit Less Than 12 Inches

Jan. 23, 2013 2:58pm
John Farley and Charles Noah Pendrack Sue Subway Over Footlong Sandwiches

Photo Credit: Subway

(TheBlaze/AP) — What is it these days about people suing fast-food joints? Following yesterday’s McDonald’s settlement announcement, two New Jersey men are now suing Subway, claiming the world’s biggest fast-food chain has been shorting them by selling so-called footlong sandwiches that measure a bit less than 12 inches.

The suit, filed Tuesday in Superior Court in Mount Holly, may be the first legal filing aimed at the sandwich shops after an embarrassment went viral last week when someone posted a photo of a footlong and a ruler on the company’s Facebook page to show that the sandwich was not as long as advertised.

At the time, the company issued a statement saying that the sandwich length can vary a bit when franchises do not bake to the exact corporate standards.

Stephen DeNittis, the lawyer for the plaintiffs in the New Jersey suit, said he’s seeking class-action status and is also preparing to file a similar suit in Pennsylvania state court in Philadelphia.

He said he’s had sandwiches from 17 shops measured — and every one came up short.

“The case is about holding companies to deliver what they’ve promised,” he said.

Even though the alleged short of a half-inch or so of bread is relatively small, it adds up, he said. Subway has 38,000 stores around the world, nearly all owned by franchisees and its $5 footlong specials have been a mainstay of the company’s ads for five years.

John Farley and Charles Noah Pendrack Sue Subway Over Footlong Sandwiches

Photo Credit: Facebook

DeNittis said both plaintiffs — John Farley, of Evesham and Charles Noah Pendrack, of Ocean City — came to him after reading last week about the short sandwiches.

DeNittis is asking for compensatory damages for his client and a change in Subway’s practices.

The Milford, Conn.-based firm should either make sure its sandwiches measure a full foot or stop advertising them as such.

He points to how McDonald’s quarter-pounders are advertised as being that weight before they are cooked.

Subway did not immediately return a call to The Associated Press on Wednesday.

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Comments (92)

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  • caleejr
    Posted on January 23, 2013 at 3:45pm

    It’s easy to make it less than 12″ when it’s Wrapped tight along the ends, the bread gets ‘smushed’ making it shorter. The bread forms that the bread is baked in are 12″ long. I hope they have to pay the court costs and lawyer fees for Subway. Morons.

    Report this comment

    caleejr  
    • love the kids
      Posted on January 23, 2013 at 4:25pm

      Any one want to measure up this administration???

      Report this comment

      love the kids  
    • SpankDaMonkey
      Posted on January 23, 2013 at 5:28pm

      .
      This is no different than some guy telling his girlfriend “Baby it’s 12″ “………….

      Report this comment

      SpankDaMonkey  
    • redfish52
      Posted on January 23, 2013 at 5:32pm

      This is just dumb…every hoagie, sub and grinder shop claims a foot long….its like burger joints saying their burgers are 1/2 pound…..its close give or take an ounce or two…

      Report this comment

      redfish52  
    • Cybil
      Posted on January 23, 2013 at 6:04pm

      This is called “industry tolerances”, usually +/- 10″. Next time you are in a Home Depot, measure the 2×4. It’s not.

      Report this comment

      Cybil  
    • Joe_The_Patriot
      Posted on January 23, 2013 at 7:12pm

      @Cybil
      A 2×4 hasn’t been 2″ x 4″ in a long time…
      1 1/2″ x 3 1/2″ has been the norm for quite some time….

      Report this comment

      Joe_The_Patriot  
    • Joe_The_Patriot
      Posted on January 23, 2013 at 7:23pm

      If they say it’s a foot then it should be atleast a foot.. They don’t advertise “our subs are nearly a foot long…. You wouldn’t pay for a gallon of gas and be ok with 9/10th of a gallon, especially if you were getting 10 gallons…. You would have paid for 10 gallons and only gotten 9… that’s not cool….
      Subway already skimps on the meat and cheese…. Can I atleast get all my bread????? Can I get what I, (in good faith), trusted subway to provide me,…. the FOOT long sub I paid for??

      Report this comment

      Joe_The_Patriot  
    • brother_ed
      Posted on January 23, 2013 at 10:32pm

      My father manages a restaurant.

      He let a waitress go home early. She was hookieing her station and a couple complained to him because they were bothered by the ‘noise’.

      Another time a person complained that the pizza cutting table had crumbs on it (imagine!) and he wasn’t wiling it off after every pizza during the lunch rush.

      People complain when you clean; people complain when you don’t clean.

      We’ve got way too much time on our hands…

      Report this comment

      brother_ed  
    • Balpit
      Posted on January 24, 2013 at 8:15pm

      I wonder if they’d sue over a 13-inch sub. After all, 13 inches isn’t a foot.

      Report this comment

      Balpit  
    • Gorp
      Posted on January 25, 2013 at 4:17am

      I’d love to be the judge on this case.

      I’d take off my shoe and sock. I’d put my foot up on the bench. I’d ask the plaintiffs what that is. When they said it’s a foot I’d give them a tape measure and have them measure it. When it came out to be only 9 1/2″ I’d ask, “How can that be? It’s a foot isn’t it?” Then I’d fine them both $5,000 for wasting the court’s valuable time.

      Cast Closed!

      Report this comment

      Gorp  
    • Gorp
      Posted on January 25, 2013 at 4:29am

      Stupid Stupid Keyboard! It’s supposed to be “CASE” not “CAST”. Lern hou 2 spele.

      Report this comment

      Gorp  
  • Ted Sheckler
    Posted on January 23, 2013 at 3:41pm

    Got a few size queens from Jersey they made it to the root and came up an inch short $10 says its Christie and McGreevey

    Report this comment

    Ted Sheckler  
  • tonypro
    Posted on January 23, 2013 at 3:31pm

    Every fast food I know falls FAR short of the billboard image they portray.

    Maybe they all should be in court. (sarcasm)

    Report this comment

     
    • Desertcatn
      Posted on January 23, 2013 at 6:18pm

      Yeah, like Taco Bell showing the meat in their food and then you get it and it’s half that much! Port-of-Subs is better than Subway, they give you more meat on your sandwich, although you pay a little more; it’s worth it!

      Report this comment

      Desertcatn  
  • tonypro
    Posted on January 23, 2013 at 3:28pm

    If the judge this goes before doesn’t throw it out, then he/she needs to be removed from the bench.

    Report this comment

     
    • toiletclogga
      Posted on January 23, 2013 at 3:31pm

      It’s New Jersey, home to cretins and malcontents! I used to live in Mount Holly, and it used to be a very conservative county. Not anymore!

      Report this comment

      toiletclogga  
    • Witness1974
      Posted on January 23, 2013 at 3:37pm

      I’d love to be the judge in this case: “You have your choice, a month in jail for every inch, or a well place foot from an NFL place-kicker.”

      Report this comment

      Witness1974  
  • chucksue351
    Posted on January 23, 2013 at 3:23pm

    these guys are idiots, have them measure a 2×4 at home depot, they might want to sue them too, the 2×4 is not 2×4 but 1/8 inch short in both measurements, idiots are now the norm

    Report this comment

    chucksue351  
    • Chuck Stein
      Posted on January 23, 2013 at 3:25pm

      I’m glad you concur, other Chuck.

      Report this comment

      Chuck Stein  
    • empjag
      Posted on January 23, 2013 at 5:16pm

      A 2 x 4 is half and inch shorter both ways. It is actually a 1 1/2 x 3 1/2.

      Report this comment

      empjag  
    • tommytruck
      Posted on January 24, 2013 at 9:48am

      If the blueprints call for a 2×4 and depends on actual 2×4′s for structural soundness, then wouldn’t whoever sold the 2×4 that wasn’t a 2×4 be liable for damages if something happened? I’m not a litigeous person, but that sounds like a safety issue caused by false advertisement to me.

      As for this case, again I’m not a litigeous person, it is a class-action lawsuit. Doesn’t that mean that the two gentlemen who are bringing the suit might each receive a 50 dollar subway giftcard, as will all of the subway folks who have been “defrauded,” while the lawyer gets subs for life?

      Perhaps it is a bit naive, but perhaps it is about holding them accountable…perhaps.

      Report this comment

      tommytruck  
  • IndyGuy
    Posted on January 23, 2013 at 3:20pm

    The Judge should find in the complainants favor and order Subway to give them 1″ of bread and call it even…

    Report this comment

    IndyGuy  
  • blanco5
    Posted on January 23, 2013 at 3:20pm

    Hey, it was cold in there!

    Report this comment

    blanco5  
  • Chuck Stein
    Posted on January 23, 2013 at 3:20pm

    Class-action? How about “classless action”? Go measure a 2 x 4 or a 2 x 6. A little smaller than 2 inches by four inches or 2 inches by 6 inches, right?

    Report this comment

    Chuck Stein  
  • Cavallo
    Posted on January 23, 2013 at 3:19pm

    Sorry, No case.. in any sane world that is. Footlong is a basic description, not a scientific promise.

    Report this comment

    Cavallo  
  • chiefsfan88
    Posted on January 23, 2013 at 3:19pm

    Sorry folks, check the Subway website. There is no legal claim that this is precooked or anything to that affect. Subway needs to put up or shut up.

    Report this comment

    chiefsfan88  
    • Melika
      Posted on January 23, 2013 at 5:27pm

      Sorry guy, but you’re wrong about that logic as well. The bread is put into 12″ pre-forms and baked in those. You’ll get some variance depending on how long they let the bread proof, but I’ve never seen any obviously short bread. Once you wrap a sandwich, it can easily loose size because the bread gets smooshed. Another common practice on the East Coast is to cut off the hard ends. There are a lot of variables in this story that can affect the size of the sandwich once it is wrapped. The picture plainly shows a well wrapped sandwich that has been altered in size simply because it was smashed. In addition, these are mostly franchised owned, meaning that although the parent company sets standards, etc. it is up to the individual stores to produce. The attorney should be suing the local store.

      Report this comment

      Melika  
  • progressiveslayer
    Posted on January 23, 2013 at 3:19pm

    This same mentality gave us the ADA and all the frivolous lawsuits that followed,that law has put many business out of business.

    Report this comment

    progressiveslayer  
  • Bobby P
    Posted on January 23, 2013 at 3:16pm

    Yes, I’d like a 6 inch foot long please.

    Report this comment

    Bobby P  
  • The-Monk
    Posted on January 23, 2013 at 3:14pm

    Let me guess….. shrinkage occurs during baking of the bread. LOL

    Report this comment

    The-Monk  
  • yoshik
    Posted on January 23, 2013 at 3:13pm

    Cheeuz H Christie!!! Print these idiots and there attorneys addresses in the paper!!!!!!!!! They need the Tort Reform Coalition to visit them.

    Report this comment

    yoshik  
  • NinjaJuice
    Posted on January 23, 2013 at 3:13pm

    No kidding. They boldly lied to everyone’s face.

    Report this comment

    NinjaJuice  
    • naughtycal
      Posted on January 23, 2013 at 3:21pm

      Change the title footlong to submarine and they sue because it’s not water tight. This another example of why we need tort reform in all areas in civil court. Maybe this lawyer can start a class action suit with every subway costumer as a plantiff and everyone can get 5.00 …while the leech lawyer will get 33% of the 500,000,000 settlement. And run jared and the subway out of business.
      Civil Lawyer(most) are the enemies of freedom and the most vile evil sob in our society.

      Report this comment

      naughtycal  
    • tommytruck
      Posted on January 24, 2013 at 10:19am

      @NaughtyCal

      I used to be of that persuasion myself. That is, until I had someone dear to me be injured and suffer tremendously because of a company’s negligence. I have just a few points.

      1. Unfortunately, lawyers who are paid on contingency are a neccessity. A 30% to 40% cut of any settlement/judgement may seem high, but in the lawyers’/firms’ defence, they do take the up-front cost of their clients’ cases. The fact that businesses would rather run the risk of being sued than simply doing the right thing in the first place, doesn’t help. Companies know how difficult and costly it is to bring suit and start off at a tremendous advantage, no matter how “at fault” they may or may not be.
      2. Companies most often would rather take the chance of litigation, knowing how dificult it is for the injured person to actually bring suit against them. Also, when it comes down to it – it is often advantageous for the company to be sued, as opposed to having their insurance cover whatever the issue is – as the settlement is less-costly than the increased insurance premiums.
      3. # 2 encourages horribly callous behaviour and avoidance of responsibility on the part of companies, which if commited by a person would be criminal. Companies and their employees most often do NOT face jail-time of any sort for corporate behaviour that would otherwise be classified as criminal – seems Corporations aren’t people, after-all.

      Money hurts the bottom line – which encourages righ

      Report this comment

      tommytruck  
  • cantstandlibs
    Posted on January 23, 2013 at 3:13pm

    All this will do is make the sandwiches skinnier and the meat will be a little further spread out. They did not actually get shorted anything, the material is probably apportioned by weight, not length. Gee, brilliant!

    Report this comment

    cantstandlibs  
  • 65Mustang
    Posted on January 23, 2013 at 3:13pm

    How damn stupid….Obama’s low-info voters.

    Report this comment

    65Mustang  
  • getourcountryback
    Posted on January 23, 2013 at 3:13pm

    Give me an FN break already. Can we just beat these people with the sandwich until they get some sense?

    Report this comment

    getourcountryback  
  • The-Monk
    Posted on January 23, 2013 at 3:12pm

    What about all the people buying 6′ subs?

    Can they do a half lawsuit? LOL

    Report this comment

    The-Monk  
  • HumbleMan
    Posted on January 23, 2013 at 3:11pm

    I wonder if these guys have ever held a 2″x4″ in their hands.

    Report this comment

    HumbleMan  
    • Jenny Lind
      Posted on January 23, 2013 at 4:07pm

      I wonder if they have ever baked bread? Rarely comes out identical unless you weigh the dough and I will bet Subway does, so good luck with that boys.

      Report this comment

      Jenny Lind  
  • Comeandtakeit
    Posted on January 23, 2013 at 3:11pm

    I bet these two are real fat asses. I guess it was a real crime they didn’t have that .02 oz of bread at the end, because that is what it amounts to, to make it 12″ – 1/4 ” of bread. Oh the humanity. Did they pay that with their EBT card, now their looking for their payday?

    Report this comment

    Comeandtakeit  
  • SIXFRIGATES
    Posted on January 23, 2013 at 3:09pm

    While you’re at it, please sue hot chocolate makers for filling cans half full and chip makers for filling bags half full. We are getting screwed everyday and we put up with it. If someone is selling a visual size, it damn well better be full!

    Report this comment

    SIXFRIGATES  
  • biohazard23
    Posted on January 23, 2013 at 3:08pm

    “Look, you don’t understand. There was shrinkage.”

    Report this comment

     
  • taintso
    Posted on January 23, 2013 at 3:07pm

    You can bet if these two guys had 12 inches they would have to spit it out, it doesn’t belong to them.

    Report this comment

    taintso  
  • Zipit
    Posted on January 23, 2013 at 3:05pm

    So throw a couple of pieces of cheese out each end of the freakin sandwich to make it twelve inches! I hope some judge tells these two Bozo’s, (with all due respect to Bozo), and their lawyer, to tak a hike!

    Report this comment

    Zipit  
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