By Jonathan Stempel
NEW YORK (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, Wendy’s and Taco Bell 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 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)
