Chicago man sues Subway for Footlong coming up short - New York News

Chicago man sues Subway for Footlong coming up short

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CHICAGO (FOX 32 News) -

Subway sandwiches are like a boastful, boorish man: often shorter than advertised, a federal lawsuit alleges.

Diner Nguyen Buren filed the suit in Chicago after a "Footlong" sub he ordered at an Uptown restaurant Sunday came back an inch shy.

SEE: Subway 'crisis': Is footlong sub really 11 inches?

He says the 11-inch sandwich he was served is typical of the chain's habit of short-changing customers.

"If the bread is short than everything inside is short as well," says Buren's attorney Thomas Zimmerman. "You're not getting as much of the meat, the toppings and everything else that goes along with it."

Similar class-action lawsuits filed across the nation this week all make the same allegation.

Subway's ads are intended to convince customers that "Footlong" subs "are actually one foot, or 12 inches, in length," they say.

So, is it a faux Footlong?

But Buren's sad sandwich — photographed next to a tape measure in court papers — didn't measure up. That's because the frozen dough Subway sends franchisees is too short, he alleges.

His suit claims "he suffered an injury in fact and lost money as a result of the deceptive and unfair conduct."

Attorney Tom Zimmerman wants other unhappy Subway customers to join the class action, saying they are owed a refund for the portion of each sandwich they didn't receive. He noted that McDonald's avoids similar complaints by labeling its Quarter Pounders as a "pre-cooked weight."

"You paid for 12 inches of a sandwich and you got 11. It's like buying a dozen eggs and getting 11 or buying a dozen donuts and getting 11 but yet, you pay for 12," Zimmerman says.

The manager at a Subway Loop location says they will be in training next month to make sure every customers get what they want. He says he's not speaking on behalf of the company, but adds, when the bun comes out of the oven, they can't control the size.

"I would have never thought to measure my sandwich but I think that is false advertising that sandwiches are being sold they're saying its a footlong---you think it's a deal and it's really not," one customer says.

"Really? Who needs all that?" another person says. "That's why Americans are so fat."

Subway declined to comment on the suit, which also alleges 6-inch subs come up short. A Subway spokesman said the chain has "redoubled our efforts to ensure consistency and correct length in every sandwich we serve."


The Sun-Times Media Wire contributed to this report.

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