Shrunken Subway sandwiches lead to N.J. lawsuit

Subway has been under criticism since an Australian man questioned its sandwich length.
Subway has been under criticism since an Australian man questioned its sandwich length. (AP)
Subway has been under criticism since an Australian man questioned its sandwich length.GALLERY: Subway has been under criticism since an Australian man… (AP )
BY ALI WATKINS, Daily News Staff Writer watkina@phillynews.com, 215-854-5905
Posted: January 25, 2013

SUBWAY IS SUBPAR.

That's at least according to a lawsuit filed Thursday by two New Jersey residents who say that the company's footlong sandwiches fail to measure up - literally.

The New York Post reported Wednesday that the duo's attorney, Marlton-based Stephen DeNittis, tested 17 of the company's heralded hoagies and found that each one was less than a foot long. An earlier test conducted by Post reporters found that sandwiches purchased at Subway locations throughout New York City measured between 11 and 11 1/2inches.

"It would be like cereal company promising a net weight and giving less for the price," DeNittis said. "It doesn't sound like a big deal to every person, but it adds up at the bottom line."

The plaintiffs, John Farley, of Evesham, and Charles Noah Pendrack, of Ocean City are filing the suit under the New Jersey Consumer Fraud Act, according to news reports. They're seeking compensation for all of their fellow forlorn footlong-ers, as well as a change of practice from the allegedly shortchanging franchise.

DeNittis said that customers are losing out on about 40 to 60 cents per sandwich. It's an amount that sounds trivial, he said, but the difference could mean $50-$60 a year to regular customers - or millions in profit to the company when its global reach is considered.

As of Wednesday, Subway hadn't responded to the suit.

Despite the outrage, several customers polled Wednesday night at the company's franchise in The Gallery at Market East were calm as they ordered their food.

"I guess it's more of a quality- control issue for the company in total," said David Johnson, 29, of Philadelphia, who said he frequently patronizes the company. "Their intentions are fine. Clearly, it's not keeping me from shopping at their stores."

Although financial compensation is one of the suit's goals, DeNittis said its ultimate purpose is holding companies accountable.

On Twitter: @AliMarieWatkins

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