A recent lawsuit claims that Subway is “grossly misleading” customers by promoting sandwiches that have at least three times more meat than what is actually provided.
A proposed class action was filed on Monday in federal court in Brooklyn, claiming that Subway’s advertisements for its Steak & Cheese sandwich depict meat overflowing from the sandwich, matching the height of the surrounding bread.
Photos included in the complaint reveal that Subway’s sandwiches contain significantly more bread than actual filling.
The complaint highlighted that this situation is particularly troubling due to inflation and elevated food costs, as many lower-income consumers are facing financial difficulties.
Anna Tollison from Queens reported spending $7.61 on a Steak & Cheese sandwich at a nearby Subway, unaware that the advertisements for the fast-food chain indicated the sandwich had at least 200% more meat than what she and other customers actually received.
A lawsuit has been filed aiming for damages for New Yorkers who purchased the sandwiches over the past three years, citing Subway’s supposed breaches of the state’s consumer protection laws.
In April, Subway was acquired by Roark Capital, a private equity firm located in Atlanta. Subway, located in Shelton, Conn., has not yet replied to inquiries for comment. Tollison’s lawyers have yet to reply to similar inquiries.
Last year, the court dismissed similar lawsuits against McDonald’s, Wendy’s, and Taco Bell.
According to Tollison’s lawyer, Anthony Russo, the Subway case is a clear illustration of the kind of advertising that we aim to eliminate.
A comparable lawsuit involving Burger King is currently awaiting resolution in federal court in Miami.
Subway has been in a legal battle for over four years, facing accusations that its “footlong” sandwiches do not measure up. The lawsuit was thrown out in 2017.
The legal matter involves Tollison against Subway Restaurants Inc and others, filed in the U.S. District Court for the Eastern District of New York, case number 24-07495.