Can You Sue Subway Into Giving You 200% More Meat on Your Sandwich?

Anna Tollison purchased a Subway Steak & Cheese Sandwich on August 23, 2024. Tollison paid about $7 for the sandwich in Jamaica New York. The sandwich was advertised on Subway’s mobile app, which had photographs displaying its Steak & Cheese sandwiches. However, when Tollison started to eat the sandwich, she “noticed there was barely any steak in the sandwich.” Tollison claims that Subway is costing consumers money because customers are paying for food that is worth less than what Subway had advertised, which is particularly concerning since inflation has been an issue these last few years.  

Subway has been sued before for falsely advertising its food. In 2021, two Californians filed a lawsuit claiming that Subway’s tuna sandwiches did not contain tuna. This lawsuit was dismissed in mid-2023. In 2014, Subway was sued for selling insufficiently long footlong sandwiches. Subway settled the footlong sandwich lawsuit.  

Courts Should Be Hesitant in Inflating Standards for Food Volume

Businesses can be liable for false advertising if they knowingly release an ad that contains misleading, deceptive, or untrue statements to sell their products. A product that contains or doesn’t contain a component that is explicitly promised by an advertisement may constitute false advertising. Likewise, deceptive illustrations may also be deemed false advertising.  

While a fast food restaurant does not need to perfectly replicate their advertising images, the food they sell to consumers should come reasonably close. There is a big difference between a Subway sandwich that doesn’t contain any meat, even when advertised as containing meat, and a Subway sandwich that doesn’t contain enough meat.  

However, courts should not always be the arbitrator of food volume. It is ultimately up to the consumers to punish businesses that don’t provide a sufficient volume of a product. If Subway fails to provide enough meat despite advertising they will put more meat on a sandwich, then the consumer should not provide their business to them in the future.  

Given Subway’s business model, individual Subway stores may be more impacted than others. Unlike other fast food restaurants, Subway sandwiches are custom made when a customer orders them. There is a higher probability that individual Subway sandwiches may have differing levels of meat depending on the store and even the individual worker. It would likely be easier to get more meat by simply asking the Subway worker for more meat than to file a lawsuit against the entire company.  

Do I Need an Attorney for Help with False Advertising Issues?

A skilled business lawyer can be a valuable asset for your claim regarding false advertising. A lawyer who handles false advertising cases on a regular basis will already be familiar with the laws that apply, will know which claims are strong enough to make it to court, and will be able to predict the possible outcomes of your case based on the relevant facts.