Subway sandwiches are short on meat, lawsuit claims (updated)

Restaurant Brands International

28/10/2024 19:58

(Adds comment from plaintiff's lawyer in paragraph 9, earlier
Subway sandwich litigation in paragraph 11)
    By Jonathan Stempel
       NEW YORK, Oct 28 (Reuters) - A new lawsuit accuses
Subway of "grossly misleading" customers by advertising
sandwiches that contain at least three times more meat than it
delivers.
    According to a proposed class action filed on Monday in
federal court in Brooklyn, Subway ads for its Steak & Cheese
sandwich show layers of meat piled high, reaching about as high
as the surrounding hero bread.
    In reality, according to several photos in the complaint,
the fast-food chain's sandwiches are far more bread than
filling.
    This is especially concerning, the complaint said, because
of inflation and high food prices, and because many lower-income
consumers are struggling financially.
    Anna Tollison of the New York City borough of Queens said
she paid $7.61 for a Steak & Cheese sandwich at a local Subway,
not realizing Subway's ads showed a sandwich containing at least
200% more meat than she and other consumers would receive.
    Her lawsuit seeks unspecified damages for New Yorkers who
bought the sandwiches in the last three years, for Subway's
alleged violations of the state's consumer protection laws.
    The Atlanta-based private equity firm Roark Capital bought
Subway in April. Subway, based in Shelton, Connecticut, did not
immediately respond to requests for comment.
    Similar lawsuits filed in the same court by the plaintiff's
law firm against McDonald's  MCD.N , Wendy's  WEN.O  and Taco
Bell  YUM.N  were dismissed last year.
    The Subway case represents "an egregious example of the type
of advertising we're trying to stop," Tollison's lawyer Anthony
Russo said in an interview.
    Another similar lawsuit against Burger King  QSR.TO  is
pending in federal court in Miami.
    Subway previously defended for more than four years against
a lawsuit claiming its "footlong" sandwiches were too short.
That lawsuit was dismissed in 2017.
    The case is Tollison v. Subway Restaurants Inc et al, U.S.
District Court, Eastern District of New York, No. 24-07495.   

 (Reporting by Jonathan Stempel in New York; Editing by Andrea
Ricci and Rod Nickel)
 ((jon.stempel@thomsonreuters.com; +1 646 223 6317; Reuters
Messaging: jon.stempel.thomsonreuters.com@reuters.net))