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