A judge last week granted final approval to a settlement of a class-action suit filed against Subway after an Australian teenager posted an image on Facebook of a sandwich that was a mere 11 inches.
The photo of a turkey sub alongside a tape measure shared by Matt Corby, from Perth, on the company’s Facebook page garnered international media attention back in 2013.
The New York Post found that four out of seven Footlongs it purchased in New York “measured only 11 or 11.5 inches.”
A judge in Wisconsin gave preliminary approval in October to a settlement between Subway’s parent company Doctor’s Associates and plaintiffs’ lawyers, with final approval granted on February 25.
As part of the settlement, Subway agreed to institute practices for at least four years to ensure its bread is at least 12 inches long. The judge approved $520,000 in legal fees and $500 for each of the 10 individuals who were representatives of the class, but no monetary claims were awarded to potential members of the class.
“It was difficult to prove monetary damages, because everybody ate the evidence,” said lawyer Thomas Zimmerman, adding that the fees were being split between 10 law firms.
Subway said in a statement that it was pleased the judge found no wrongdoing on its part.
Subway nevertheless agreed as part of the settlement to take steps to ensure its bread is at least 12 inches long, including requiring franchisees to “use a tool for measuring bread.”