Subway $5 Footlong Lawsuit Gets Tossed by Judge

I used to own several Subway Franchises and actually did very well with my business model I chose and how I operated them.  Some have even called me a Subway Sandwich Shop Commando (and even blogged that I had a Silver Star and Purple heart which I don’t), perhaps because of my Force Recon and Scout/Sniper background, combined with my business choices after I got out of the military but more on that later.

Recall that several years ago, a teenager from Australia posted a photo on Facebook with a tape measure next to a footlong sandwich that showed the sandwich only being 11 inches long.  Well it went viral as you can imagine and caused a PR nightmare for Subway.Subway eat fresh

Subway stated it would take steps to ensure it’s rolls would be at least 12 inches long and settled in a lower court, the suing attorneys made $520,000 in fees.  As a former Subway Franchisee, I can tell you our bread came frozen in boxes that we had to thaw out overnight, then proof and cook.  We had no control over the lengths of the frozen sticks of dough and perhaps this was a quality control item, it was beyond my control as a store owner.

In this case Theodore Frank, the director of the Center for Class Action Fairness, ojbected to the settlement stating that the class in the lawsuit recieved “negligible to no relief.”

The judge in the case, Judge Diane Sykes agreed with him saying no one benifitted but the attonreys in the suit and on Friday threw out the class-action lawsuit.

Alex Popovic Carrot Top Subway Sandwich picture

Alex Popovic with Carrot Top One Of His Regulars At His Subway Store (2006)

She noted that “after the settlement – despite the new measuring tools, protocols, and inspections – there’s still the same small chance that Subway will sell a class member a sandwich that is slightly shorter than advertised.”

Finally, some clear minds prevailed in the justice system and stated the obvious…..duh… the judge said, Subway customers “know this is a matter of common sense,” that some sandwiches will be smaller and others bigger than the advertised footlong.

Alex Popovic on Twitter, Instagram and LinkedIn

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