Subway was hit with a lawsuit on Monday claiming the restaurant chain “materially overstates” the amount of meat in visual ads for sandwiches.
The suit took aim at photos in Subway advertisements, alleging the chain “falsely advertises” how much meat the steak and cheese sandwich has on it.
This is especially concerning, the complaint said, because of inflation and high food prices, and because many lower-income consumers are struggling financially.
It was filed in the U.S. District Court for the Eastern District of New York on behalf of a woman who bought a steak and cheese sandwich from a Subway location in New York in August and asked the court for certification as a class action.
Anna Tollison of the New York City borough of Queens said she paid $7.61 for a steak and cheese sandwich at a local Subway, not realizing Subway’s ads showed a sandwich containing at least 200% more meat than she and other consumers would receive.
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The lawsuit accused the chain of engaging in similar tactics for “many other sandwiches,” like the cheesy garlic steak.
Other Subway customers have found the amount of meat they received in steak and cheese sandwiches to be “grossly misleading” compared to what was depicted in ads, the lawsuit said, pointing to some social media posts.
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Subway’s ads for the steak and cheese sandwich “are unfair and financially damaging to consumers as they are receiving a product that is materially lower in value than what is being represented,” the suit alleged. It argued the plaintiff and members of the proposed class would not have bought the Subway sandwiches if not for the ads.
The sandwich chain is “unfairly competing with restaurants that fairly advertise the size of their menu items,” the suit said.
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.
While the chain is best known for its foot-long sandwiches, it also has bowls, salads and other items on its menu.
Subway’s restaurant footprint spans almost 37,000 locations across the U.S. and other countries.
FOX Business reached out to Subway for comment on the lawsuit.
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Reuters contributed to this report.
