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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 Billy Hallowell

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.

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)

HOST ENDED GAME
Posted on January 23, 2013 at 9:48pm
This is desperate last ditch effort by trailer trash people to get rich & attention!
and i bet money these same men are 11 inches short on their taxes and also 11″ short between the legs, hypocrites!
Its when these sorts of things prevail in our courts that makes me wonder why how people wonder why people like Casey Anthony & a soon be Jodi Arias will get away with it!

Anyway if i was subways defense lawyer i would have no problem proving the sandwich was compressed to 11 inches since the sandwich is given to you in bag and is stacked vertically on its side the sandwiches weight compresses against itself and as you can see from the photo it been compressed on the right side, probably from its trip and being dropped. Also factor in the that the sauces & dressings used to make the sandwich, would collect at the bottom of the sandwich making it soggy and unstable. We all know what happens to bread when it get wet the water from all the vegetables and sauces, combined with the sandwich being tightly wrapped makes the sandwich become a sponge that when squeezed the liquid would precipitate to the bottom. Conclusion subways high priced lawyers should have no problem proving this along with the trailer trash ego’s being hurt because poor witty bitty sandwich was short. I can wait to seem pay for court & attorneys fee’s when they lose, that’s assuming our court system still works.

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breiten
Posted on January 23, 2013 at 9:38pm
any picture you see at food places and what you actually receive are false advertisement too. I never get a hamburger looking like the picture, nor my pizza or subs. So the case is for all fast food places that show a picture of the food they want you to buy, but what you get is not what was advertised.

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Chuck7884
Posted on January 23, 2013 at 7:15pm
Has Anyone ever measured a 2X4 or a !X4 then you will see how far this law suit will go!.

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LovinUSA
Posted on January 23, 2013 at 6:53pm
It’s the picky assed people like this that pend most of their day searchin for things to complaIn ABOUT …. USED TO BE THAT WHEN THEY TRIED, NO ONE WOULD LISTEN, now qall the complainers want to jump on the band wagon just to get attention,, what a piss poor way to live life…………

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blackeneth
Posted on January 23, 2013 at 6:49pm
One of the dumbest lawsuits ever. The plaintiffs are thinking they’ve found the winning ticket to “Jackpot Justice” .

They have a couple of problems
“Footlong” is a “term of art” in the food service business, not a specification. “SUBWAY FOOTLONG” is a descriptive name and not intended as a measurement.

Secondly, “what you see is what you get. ” The sandwich is made in front of the customer. If the customer doesn’t think the sandwich is large enough for the price demanded, they don’t have to buy it. Indeed, the customer is part of the sandwhich making process – having watched it being made and specifying the desired ingredients along the way.

The suit should be thrown out at first hearing with a summary judgement for Subway. Given that, what will probably happen is that the suit will be certified as a class action, Subway will settle for $300 million dollars, the plaintiff lawyers will get $270 million of that, and Subway will distribute 30 million $1 off coupons on the purchase of your next sub.

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like2click
Posted on January 23, 2013 at 6:02pm
ok, everybody….current and experienced Subway employee speaking!
First of all, my comments on that picture that was posted: 1) that bread was extremely under-baked and looked like garbage. 2) the sub looks like it was through a war so whoever wrapped it was probably not the most gentle of persons.
Here’s my thoughts on the issue: SERIOUSLY???? do ppl really have nothing better to do than to sue a sandwich shop for something that stupid? wow. When I first heard this story, my first thought was, “oh great, now corporate will come up with new procedures for bread baking to make sure they are all ’12 inches’ long(which will never happen).” And what do you know, I walk into work on Monday morning and sure enough, new orders from headquarters with measuring instructions. Also I found notes from the owners telling us how our bread is supposed to be baked. What these guys dont realize is that the bread comes in pre-portioned frozen loaves that we thaw, proof, and bake. Whichever employee does that process is responsible for the finished product being that long. It’s possible, but it doesn’t happen all the time. also, the bread forms are exactly 12 inches long so its hard to make the bread bigger than the form. I’d like to see those guys bake 12 inch long loaves of bread EVERY TIME. I would hope that this doesn’t stand a chance in court….this is one of the most dumb issues to debate. Now I know why Obama was elected again……b/c there are too many idiots in the wor

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media-bias-steals-elections
Posted on January 23, 2013 at 5:59pm
So, where are these guys going to go when they go out of business? Walmart?

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truthhasno
Posted on January 23, 2013 at 5:20pm
Well, Its Simple – If You say its a certain length and it is not
that’s called lying,
Ask Any Woman they will tell you!

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Al J Zira
Posted on January 23, 2013 at 4:55pm
I live in Evesham, it’s 19 degrees right now so shrinkage is a viable excuse. It’s odd that someone around here wold do something like this, but there’s at least one in every town. I live about a mile from this guy and although I don’t know him I’m willing to bet he had an Obama sign on his lawn.

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foxrocks
Posted on January 23, 2013 at 4:52pm
What a joke… somebody wants a free hand out, just like McDonalds got sued because the coffee was hot….what would you expect??? Should never get to court period…………

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mbean
Posted on January 23, 2013 at 4:39pm
Thats how trial lawyers make their money and go on to become Democrat politicians.

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moreteaplease
Posted on January 23, 2013 at 4:37pm
What a couple of low life’s. Just wanting something for nothing…it’s the American way these days.

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thegreatcarnac
Posted on January 23, 2013 at 4:34pm
The suit is frivolous. I would bet almost everyone who has a restaurant selling ‘anything’ a foot -long doesn’t measure the inches exactly. ‘Foot-long’ is a metaphor for something bigger than usual and is either a foot-long, a little less than a foot-long, or a little bigger than a foot-long. The courts are a joke in more ways than one.

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AmericaMustBeFree
Posted on January 23, 2013 at 4:33pm
No one and I mean no one can perfect how a loaf of bread rises. I have been making bread for years.. and you just can’t make it 12 inches.. These two men need to quit acting like they know it all! People like this disgust me.. lets sue a company for 1 inch of bread.. what a flipping joke! I hate what this country has become and what some of its people have become!

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righthanddrive
Posted on January 23, 2013 at 4:29pm
I guess the Dems need the money to pay for the inauguration ceremonies…Sic the Tort Bar on anybody.

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BasketFullOfPuppies
Posted on January 23, 2013 at 4:13pm
Ok, it’s just shrinkage, as I’ve been explaining to my wife, for years.

But, are we as a people really this stupid? Is it really worth a couple of worthless dollars, to make a complete idiot out of ourselves?

Most importantly… Is this really how you want our legal system to work?

If you answered yes to any of the questions above, you are part of the problem, and you are about to get your JUST REWARD. Good luck with that. It’s gonna suck.

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DMONIC
Posted on January 23, 2013 at 4:06pm
Interesting my post was deleted- or so it seems….
Good Lord! Is there nothing else for people to be concerned about?

HOWEVER- in their defense (and I think its stupid too), think about this:

How many millions of their “foot long” subs are sold, and eaten everyday?
Lets say 1 million. Lets take 1,000,000 multiplied by 1. You get 1,000,000 inches.
Now, divide that by 12, errr…. 11. Thats an additional 90,909.0909 “foot longs” they dont sell/pay for meat, cheese & veggies.

Lets say conservatively the most basic (foot long) costs $5, OK?

$5 (without tax, which is an ENTIRELY different issue) multiplied by aforementioned 90,909.0909 equals????

$454,545.4545 in additional revenue, per DAY. Not too shabby, eh?

Thats almost 10% of additional profit!!! That they dont pay for. Its basically free money. Wouldnt you shave an inch, to make almost an additional $500k per day? I know I would.

If one of our more astute Blaze member could double check my match, id appreciate it but I think im close to the mark!

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- Didy_Mus
  Posted on January 23, 2013 at 4:36pm
  Good thought, but not quite right.
  
  First, the bread comes in pre-portioned frozen pieces of dough (at least as of 1999). When Subway needs more sandwich buns, they defrost some dough, allow it to rise, and bake it. If this is all done correctly, the resulting bun will be 12 inches long. If not, it won’t be but there won’t be any less bread: it just won’t be 12 inches long.
  
  Second, the meat and cheese is pre-sliced and portioned by the slice. If the recipe says six slices of turkey and two slices of cheese on a foot-long, that’s what you’re going to get. It doesn’t matter if the bread is 11 in. long or if it is 13 in. long. Same thing with bacon slices, meatballs, tomatoes, anything else divisible into discrete units. Maybe you could argue you’re getting shorted on lettuce, mayo, salt & pepper, etc. since it takes less to cover the bun, but they’ll pretty much give you as much mayo, etc. as you want, so I don’t know if you have much of a case there either.
  
  Third, disregarding the above, you can’t multiply your 90 thousand footlongs by $5; you have to multiply by their cost, which is substantially less.
  
  All this said, Subway probably should be more diligent in either their product prep or their use of language, but still I don’t see what kind of lawsuit this is going to be with no real damages.
  
  Also, Subway stores are independently owned franchises. If individual stores are not baking bread according to published procedures, I’m sure it is NOT with
  
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- Didy_Mus
  Posted on January 23, 2013 at 4:41pm
  … is NOT with Subway’s blessing.
  
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mtsnj
Posted on January 23, 2013 at 4:01pm
Next the Sharia will chime in

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BlazingPatriot
Posted on January 23, 2013 at 4:00pm
So that’s how Jared lost all that weight!! He never got a complete sandwich to begin with!

I knew there was a catch!

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BarneyFyfe
Posted on January 23, 2013 at 3:58pm
Ok…. pound of coffee is now 12 ounces. Half gallon of ice cream is now sometimes 1½ quarts. Some beer now only has 11.5 ounces in can or bottle. It all about keeping the price the same. A lawsuit? you gotta be kiddin me. Japanes/Jewish couple get married. Highly unusual arrangement. They had their first child, a daughter, and named her Sosoomee.

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SidneyDave
Posted on January 23, 2013 at 3:53pm
Time for Eric the Great to investigate this atrocity. The FBI and several other agencies need to be involved. Hillary needs to go before congress and let them know it was not the administration’s fault. And Bloomberg should be very happy at the downsize for the sake of health. Then get rid of all the ambulance chasing lawyers.

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DMONIC
Posted on January 23, 2013 at 3:52pm
Good Lord! Is there nothing else for people to be concerned about?

HOWEVER- in their defense (and I think its stupid too), think about this:

How many millions of their “foot long” subs are sold, and eaten everyday?
Lets say 1 million. Lets take 1,000,000 multiplied by 1. You get 1,000,000 inches.
Now, divide that by 12, errr…. 11. Thats an additional 90,909.0909 “foot longs” they dont sell/pay for meat, cheese & veggies.

Lets say conservatively the most basic (foot long) costs $5, OK?

$5 (without tax, which is an ENTIRELY different issue) multiplied by aforementioned 90,909.0909 equals????

$454,545.4545 in additional revenue, per DAY. Not too shabby, eh?

Thats almost 10% of additional profit!!! That they dont pay for. Its basically free money. Wouldnt you shave an inch, to make almost an additional $500k per day? I know I would.

If one of our more astute Blaze member could double check my match, id appreciate it but I think im close to the mark!

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HelloWorld
Posted on January 23, 2013 at 3:51pm
OMG – Who can eat a 12 inch sandwich anyway.

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DMONIC
Posted on January 23, 2013 at 3:48pm
Good Lord! Is there nothing else for people to be concerned about?

HOWEVER- in their defense (and I think its stupid too), think about this:

How many millions of their “foot long” subs are sold, and eaten everyday?
Lets say 1 million. Lets take 1,000,000 multiplied by 1. You get 1,000,000 inches.
Now, divide that by 12, errr…. 11. Thats an additional 90,909.0909 “foot longs” they dont sell/pay for meat, cheese & veggies.

Lets say conservatively the most basic (foot long) costs $5, OK?

$5 (without tax, which is an ENTIRELY different issue) multiplied by aforementioned 90,909.0909 equals????

$454,545.4545 in additional revenue, per DAY. Not too shabby, eh?

Thats almost 10% of additional profit!!! That they dont pay for. Its basically free money. Wouldnt you shave an inch, to make almost an additional $500k per day? I know I would.

If someone wouldnt mind checking my math, id appreciate it, but I think im pretty damn close.

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MisterSarcastic
Posted on January 23, 2013 at 3:45pm
“Umm, Sir. I was using the archaic measurement. That bun is as long as one of my feet. Just ask your wife”….

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