John Farley and Charles Noah Pendrack’s opening arguments can be summed up in a single statement: size matters.
John Farley of Evesham, NJ and Charles Noah Pendrack, of Ocean City, NJ approached lawyer, Stephen DeNittis to represent them after reading about the sandwiches coming up short, at just 11 inches.
The controversy began January 15, 2013 when a customer in Australia posted a photo of his sub on the company’s Facebook page, measuring only 11 inches.
DeNittis measured sandwiches at 17 Subway locations and found all footlong sandwiches to be short. According to the class action case it’s “a deceptive practice for Subway to advertise its large sandwich as a “footlong.”‘
In response to the case, Subway issued a statement: “We are committed to providing a consistent product delivering the same amount of bread to the customer with every order, the length however may vary slightly when not baked to our exact specifications. We are reinforcing our policies and procedures in an effort to ensure our offerings are always consistent no matter which Subway restaurant you visit.”
Lesson to learn? Being an informed consumer can pay off!
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