Lawsuit Against Subway for Misleading Advertising

By Jonathan Stempel

NEW YORK (Reuters) – A new lawsuit accuses Subway of "grossly misleading" customers by advertising sandwiches that contain at least three times as much meat as it delivers.

According to a proposed class action filed on Monday in federal court in Brooklyn, Subway ads for its Steak & Cheese sandwich show meat bursting from within, reaching about as high as the surrounding hero bread.

In reality, according to several photos in the complaint, Subway'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 that the fast-food chain's ads showed the sandwich contained 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. Lawyers for Tollison did not immediately respond to similar requests.

Similar lawsuits filed in the same court against McDonald's (NYSE:MCD), Wendy's (NASDAQ:WEN) and Taco Bell were dismissed last year. Another similar lawsuit against Burger King is pending in federal court in Miami.

The case is Tollison v. Subway Restaurants Inc et al, U.S. District Court, Eastern District of New York, No. 24-07495.