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Lawsuit Filed Against Subway as 'Footlong' Sandwich Was Served 'Inch' Short

By Ben Popken, Today NBC News

Credit: Matt Corby Facebook

Lawsuit Filed Against Subway as 'Footlong' Sandwich Was Served 'Inch' Short

January 23, 2013 Updated Jan 23, 2013 at 4:29 PM PDT

The image of the 11-inch Subway sandwich marketed as "Footlong" that ignited an online chuckle-fest last week has now sparked a lawsuit.

Citing "false, deceptive" and "misleading affirmative statements of fact," two New Jersey men, John Farley of Evesham and Charles Pendrak of Ocean City, sued Subway on Tuesday to regain losses of 5 to 8.3 percent on the several "Footlong" sandwiches they bought from the sandwich store -- about $.41-$.54 per sub, depending on whether it was the $5 or $6.50 kind.

The lawsuit, which is seeking class-action status for anyone who bought a sandwich in New Jersey from January 22, 2007 to the present, asks for triple damages. That comes to a grand total of $1.23-$1.62, which is not even enough to buy yourself a new sub.

The lawsuit specified one date in December Farley bought a Footlong, and three dates between December and January that Pendrak bought Footlongs, along with "various other dates" on which each bought Footlong sandwiches.

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