Subway Class Action: Steak & Cheese Sandwich Contains Less Meat Than Advertised

Case Overview: A class action lawsuit has been filed against Subway, alleging the company's advertising for its Steak & Cheese sandwich misleads consumers by showing a sandwich with significantly more meat than what customers actually receive.

Consumers Affected: Individuals in New York who purchased a Subway Steak & Cheese sandwich after October 28, 2021.

Court: U.S. District Court for the Eastern District of New York

Ads for Subway’s Steak & Cheese sandwich mislead customers about the amount of meat in the sandwich, a new lawsuit alleges. The lawsuit claims Subway's advertising shows a sandwich packed with at least 200% more steak than what customers actually receive, violating fair advertising standards.

According to the lawsuit, a number of sandwich-eaters have complained on social media about the ads, which aren’t constrained to the Steak & Cheese sandwich--the Cheesy Garlic Steak also allegedly suffers from the same underfilled fate.

Subway Steak & Cheese Lawsuit: Consumer Claims False Advertising

Queens resident Anna Tollison filed the proposed class action lawsuit after her own disappointing experience with a Steak & Cheese sandwich ordered through Subway’s app, she claims. In August, Tollison says she purchased the sandwich for $6.99 from a Subway location on Jamaica Avenue. Expecting a substantial portion of steak as advertised, Tollison was shocked to find her sandwich contained a fraction of the meat shown in the promotional photo.

Tollison states she specifically chose the sandwich based on Subway's advertisement, which she claims displayed much more meat than her order contained. If she'd known the true portion, she alleges, she would not have made the purchase.

Subway Accused of Misleading Consumers with Exaggerated Sandwich Photos

The lawsuit argues that Subway’s advertising tactics unfairly impact consumers, especially as food prices remain high. Many customers are already stretched financially and expect accurate information about what they’re purchasing, Tollison argues, and when companies like Subway promise hefty portions but deliver less, customers may feel they’ve been misled and financially shortchanged.

The lawsuit claims that Subway’s practice of inflating food portions in ads unfairly diverts customers from other food manufacturers who are honest about their product sizes. According to the complaint, this not only misleads consumers but gives Subway an unfair edge over competitors who accurately advertise their menu items. The false advertising is also unfair on customers who invest the time, transportation, and additional pickup or delivery fees may feel misled when they receive a sandwich that doesn’t meet their expectations.

Other Food Companies Facing Lawsuits Over Misleading Advertising

Subway is one of many food companies to face legal action over alleged false advertising. Some recent legal taken by consumers against major brands include:

• SkinnyPop: A class action lawsuit alleges that SkinnyPop’s popcorn bags are underfilled, misleading consumers about the quantity inside.
  
  
• Red Lobster: A lawsuit claims that Red Lobster’s Cheddar Bay Biscuit Mix doesn’t deliver as promised, leaving buyers short of about three biscuits per package.
  
  
• Mary Mahoney’s Old French House: The seafood restaurant in Mississippi faces allegations of selling cheaper foreign fish as “premium local catch,” raising concerns about labeling accuracy and consumer deception.
  
  
• Conagra Brands: The company behind Van de Kamp and Mrs. Paul’s is also in legal trouble. A class action suit claims the company’s “100% Whole Fish” label on frozen products is misleading, as the products allegedly contain fillers and added water.
  
  
• Walmart: A California shopper claims he was misled by a product labeled “pure avocado oil,” only to find it contained unidentified ingredients.
  
  
• Kroger: California has taken legal action against Kroger, alleging that its CARBmaster bread misrepresents its calorie content, misleading consumers who rely on accurate labeling for dietary tracking.

In her lawsuit against Subway, Tollina wants to represent anyone in New York who purchased a Steak & Cheese sandwich after October 28, 2021. She is suing for violations of the state’s business laws and is seeking damages, interest, fees, and costs.

Case Details

• Lawsuit: Tollison v. Subway Restaurants, Inc., et al.
• Case Number: 1:24-cv-07495 
• Court: U.S. District Court for the Eastern District of New York 

Plaintiffs' Attorneys

• James C. Kelly and Anthony Russo (The Russo Firm)

Have you purchased a Subway Steak & Cheese sandwich recently? Share your experience in the comments below.