Back in January, Subway made headlines over allegations that its famed “Footlong” sandwiches are actually only 11 inches long.
An Australian teenager was reportedly the first to realize the shortfall, and his photo of a Footlong next to a tape measure quickly went viral online. Plaintiffs across the U.S. subsequently sued the chain—a total of seven lawsuits in five districts.
Subway asked for the lawsuits to be consolidated, and last week the Judicial Panel on Multidistrict Litigation granted that request. The sandwich chain will now fight the suits in the Eastern District of Wisconsin, which the judicial panel said “provides a geographically central forum for this nationwide litigation, and will be convenient and accessible for the parties and witnesses.”
Subway Australia has argued that “Footlong” is simply a trademark, not a guarantee of each sandwich’s length. Still, the sandwich chain promised in the wake of the controversy to “redouble [its] efforts to ensure consistency and correct length in every sandwich [it] serves.”
For more InsideCounsel coverage of fast food-related lawsuits, see: