New York - An Australian teenager's picture of a Subway
"Footlong" sandwich next to a tape measure has gone viral and
inspired three lawsuits in the United States.
The lawsuits, one filed in the US District Court for the
Northern District of Illinois, a second in New Jersey Superior Court,
Burlington County, and the third in the Court of Common Pleas in Philadelphia,
each claims restaurant franchise sells sandwiches that are an inch short of a
foot.
Given the millions of subs sold each year in the United
States, damages could be more than $5m, said Thomas Zimmerman, an attorney for
the plaintiffs in the Chicago case.
"This is no different than buying a dozen eggs and
getting 11," Zimmerman said. "You're buying a dozen inches and only
getting 11."
The lawsuits, which are seeking class-action status, are
also suing for compensatory damages and injunctive relief for deceptive
advertising against Subway sandwich shops and Subway's parent company, Doctor's
Associates.
"We have redoubled our efforts to ensure consistency
and correct length in every sandwich we serve," Subway spokesperson Alison
Goldberg said in a statement. "Our commitment remains steadfast to ensure
that every Subway Footlong sandwich is 12 inches at each location worldwide."
Subway Australia, responding to the photo posted on Subway's
Facebook fanpage, had said that said the Footlong was a registered trademark
that was "not intended to be a measurement of length."
Legal experts said Subway may argue that the average length
of the Footlong is 12 inches and that only some fall short.
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