Subway Not The Only One That Finds These Footlong Lawsuits Frivolous

LOS ANGELES , January 30, 2013 () – Listen: Most fast-food consumers aren’t stupid. We know that a McDonald’s Quarter Pounder with Cheese isn’t exactly a quarter of a pound once it’s served to us. We know that the packaging of a large fries makes the serving look bigger than it really is. We know when you lessen the size of our Taco Bell Mexican pizzas.

So let me tell you how most consumers reacted when the news came out that Subway Restaurants’ footlong sandwiches weren’t really 12 inches long but more like 11 inches:

We laughed, shrugged and rolled our eyes that the story got so much play in the media.

Most of us.

Sadly, some consumers are idiots. They act like a terrible wrong was committed when a footlong sandwich isn’t quite a foot long or when a double cheeseburger no longer features that second slice of cheese. And unfortunately, our litigious society allows these consumers to make noise and file lawsuits against Subway seeking damages for what they consider to be a horrible injustice.

If you’re Subway, here’s the good news: The ones suing you do not represent the majority of your customer base. Most of your customers will continue to frequent your establishments and purchase your not-quite footlong sandwiches. Your sales won’t be affected. Your reputation will be OK long term. Most of us find these lawsuits as idiotic as you do.

My high school teacher once told me: “Son, people are idiots.”

I’m pretty sure he was talking about those who file lawsuits over the length of a turkey sub.

Nevin Barich is the Food & Beverage Analyst for Industry Intelligence Inc. When he orders a footlong sub and he’s given an 11-inch sandwich, he doesn’t feel that a crime has been committed. He can be reached at

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