By Caitlin Tremblay
NEW YORK, Jan 24 (Reuters) - An Australian teenager's
picture of a Subway "Footlong" sandwich next to a tape measure
has gone viral and inspired three lawsuits in the United States.
The lawsuits, one filed in the U.S. District Court for the
Northern District of Illinois, a second in New Jersey Superior
Court, Burlington County, and the third in the Court of Common
Pleas in Philadelphia, each claim the restaurant franchise sells
sandwiches that are an inch short of a foot.
Given the millions of subs sold each year in the United
States, damages could be more than $5 million, said Thomas
Zimmerman, an attorney for the plaintiffs in the Chicago case.
"This is no different than buying a dozen eggs and getting
11," Zimmerman said. "You're buying a dozen inches and only
getting 11."
The lawsuits, which are seeking class action status, are
also suing for compensatory damages and injunctive relief for
deceptive advertising against Subway sandwich shops and Subway's
parent company, Doctor's Associates Inc.
"We have redoubled our efforts to ensure consistency and
correct length in every sandwich we serve," Subway spokeswoman
Alison Goldberg said in a statement. "Our commitment remains
steadfast to ensure that every Subway Footlong sandwich is 12
inches at each location worldwide."
Subway Australia, responding to the photo posted on Subway's
Facebook fanpage, had said that the Footlong was a registered
trademark that was "not intended to be a measurement of length."
Legal experts said Subway may argue that the average length
of the Footlong is 12 inches and that only some fall short.
The cases are Charles Noah Pendrak v. Subway Sandwich Shops,
New Jersey Superior Court, Burlington County, No. 000185/2013;
Nguyen Buren v. Doctor's Associates, Inc, U.S. District Court
for the Northern District of Illinois, No. 13-cv-498; Andrew
Roseman v. Subway Sandwich Shops, Court of Common Pleas,
Philadelphia County, No. 130102647.
For the Pendrak plaintiffs: Stephen DeNittis of Shabel &
DeNittis.
For the Buren plaintiffs: Thomas Zimmerman of Zimmerman Law
Offices.
For the Roseman plaintiffs: Stephen DeNittis of Shabel &
DeNittis.
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