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Subway Footlong sandwich

Subway nears settlement in Footlong lawsuit

Company agrees to requirements including measuring bread to ensure proper sandwich length

Subway will work more diligently to make sure its Footlong subs are actually a foot long, according to a settlement proposal announced Monday between the Milford, Conn.-based sandwich giant and customers who felt cheated out of an inch of bun.

The company, which has been working on a settlement over the lawsuits for two years, said in a release Monday that it has agreed to certain practice changes and to pay attorneys' fees and awards to plaintiffs.

According to court documents filed late last month, the settlement deal includes requirements that franchisees measure bread to ensure that Footlong and 6-inch subs are the correct length.

The company also agreed to other enforcement and quality control measures to ensure that operators are complying with the rules.

Attorneys’ fees could be up to $525,000 in the case, and plaintiffs could seek up to $1,000 in incentive awards.

The lawsuit dates back more than two years, when an Australian teenager posted on Subway Australia’s Facebook page a picture of a Footlong sub with a tape measure showing the sandwich to be 11 inches. The post went viral, and Subway quickly apologized and vowed to work on operations to ensure consistency.

Still, attorneys began swirling. Numerous plaintiffs from various courts filed lawsuits in state and federal courts in 2013. The cases were consolidated into one class-action lawsuit in a Wisconsin federal court that year, and the two sides began mediating a settlement.

Some settlement terms were first reached 18 months ago, but attorneys spent months arguing over fees and payments to class representatives. The deal was signed last month, however, and a judge gave preliminary approval on Oct. 2. A hearing for final approval has been set for January.

Contact Jonathan Maze at [email protected]
Follow him on Twitter: @jonathanmaze

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