The encyclopedia · Advertising & PR · Marketing decision · 2016
Subway's Footlong was 11 inches long — the settlement paid lawyers, not customers
Jan 2013: a teen's photo of an 11-inch 'Footlong' went viral; Subway settled in 2016 — $520,000 to the lawyers, $500 to ten plaintiffs, nothing to the rest.
Doctor's Associates Inc. · 2016-02
What happened
In January 2013 an Australian teenager measured his Subway 'Footlong' with a tape, found eleven inches of sandwich, and posted the photo to Facebook. It went viral around the world, Subway franchisees acknowledged that bread lengths varied, and a US class action followed: customers had paid for a foot and bought eleven inches.
Subway settled in February 2016: it agreed to institute practices ensuring its 'Footlong' bread measured a full 12 inches for at least four years. The money told the story the brand could not: the deal paid class counsel $520,000 and gave ten named plaintiffs $500 each — the class itself received nothing.
The shape of the deal became the next story. In August 2017 the Seventh Circuit reversed the settlement, agreeing with objectors that the suit had been 'opportunistic entirely', and threw out the fee award. The brand damage had been done years earlier, by a tape measure: the name of the flagship product had been a round-up.
Why it happened
- 'Footlong' was the brand's flagship word — and a tape measure could test it, so someone did.
- Franchisees acknowledged what the marketing denied: loaf lengths varied, and the name promised otherwise.
- The settlement gave the class nothing, so an appeal overturned it — leaving the brand with the story and no resolution to point to.
The lesson
Literal claims get measured literally: when the product's name is a dimension, somebody brings a tape measure. And a settlement that pays the lawyers but not the customers becomes the next headline.
Aftermath
The Seventh Circuit vacated the settlement in August 2017, but Subway kept baking to the 12-inch discipline, and the case is still cited whenever a size claim meets a ruler — the rare lawsuit where the plaintiffs got nothing and the defendant kept the scar.
Sources
- US District Court, E.D. Wisconsin — Subway Footlong MDL Final Settlement Approval Order
- Fortune — Subway's Footlongs Will Now Actually Be a Foot Long
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