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S.J. men sue Subway over short sandwiches

By Barbara Boyer, INQUIRER STAFF WRITER

Posted: January 24, 2013

Size matters says two New Jersey men who sued Subway, the sandwich franchise that advertises "footlong" sandwiches.

The two men - from Burlington and Ocean Counties - measured their footlongs after seeing allegations from others that the sandwiches are falling short.

They sued on Tuesday following a national debate in the social media about the size of the footlongs.

Subway issued a statement on Wednesday saying officials had not received a copy of the lawsuit and it does not comment on pending litigation.

"We freshly bake our bread throughout the day in our more than 38,000 restaurants in 100 countries worldwide, and we have redoubled our efforts to ensure consistency and correct length in every sandwich we serve," the statement said.

It may be just a half inch to an inch, but Burlington County Attorney Stephen DeNittis says that's about 45 cents a sandwich that Subway owes customers.

In addition to sending a private investigator to 14 locations throughout New Jersey, DeNittis said a customer in Philadelphia wants to sue in Pennsylvania after he had been shorted.

"Class actions are to correct mass wrongs that involve small damages," DeNittis said. "It's not about the money."

The plaintiffs want Subway to measure up or stop advertising the footlong, DeNittis said.

"It's a slippery slope when companies don't deliver what they promise."

Contact staff writer Barbara Boyer at (856) 779-3838, bboyer@phillynews.com, or follow on Twitter @BBBoyer.