Plaintiff Anna Tollison has filed a class action lawsuit against Subway Restaurants, Inc., Franchise World Headquarters, LLC, and Subway Franchisee Advertising Trust Fund Ltd. Filed on October 28, the complaint alleges that Subway engaged in deceptive trade practices by misleading customers about the amount of meat in their steak and cheese sandwiches.
According to the lawsuit, Subway's advertisements for their steak and cheese sandwiches depict sandwiches with significantly more meat than is actually provided to customers. Tollison claims these advertisements display sandwiches with at least 200% more meat than what consumers receive. Social media users on platforms such as Reddit and YouTube have reportedly highlighted this discrepancy, posting images comparing the advertised products to actual purchases. Tollison states that she encountered this issue on August 23, after ordering a Steak & Cheese sandwich through Subway’s mobile app from a store in Jamaica, New York, and receiving a sandwich with less steak than shown in promotional images.
The complaint contends that misleading advertising can have a heightened impact during times of inflation and high food prices, affecting consumer choices. It suggests that by overstating portion sizes, Subway may be influencing customers to choose their restaurants over competitors who advertise accurately.
Tollison seeks relief for herself and others who purchased the product in New York since October 28, 2021, including compensatory damages for financial losses attributed to the alleged misleading advertising and associated costs like travel or delivery fees. Additionally, the complaint requests statutory damages under New York’s General Business Law Sections 349 and 350, which address deceptive acts and false advertising.
Tollison is represented in this case by attorneys James C. Kelly and Anthony Russo from The Russo Firm. The case has been filed in the United States District Court for the Eastern District of New York under civil Case ID: 1:24-cv-07495.