A Brooklyn woman named Anna Tollison has filed a class action lawsuit against Subway, claiming that the company misleadingly advertises its Steak & Cheese sandwich as having “200% more meat” than what customers actually receive.
The lawsuit was submitted on Monday in the United States District Court for the Eastern District of New York. Tollison asserts that Subway’s advertisements use images that exaggerate the amount of steak in the sandwich, leaving customers with a subpar experience.
In her complaint, Tollison highlights that other customers have voiced similar concerns online, suggesting that Subway has also misrepresented other menu items, including the Cheesy Garlic Steak. She argues that this misrepresentation results in consumers paying for products that are “materially lower in value” than advertised, particularly at a time when many are financially strained due to inflation.
Court documents indicate that thousands of customers may have been affected by these misleading advertisements. Subway has not yet commented on the lawsuit, but this is not the first time the company has faced legal challenges over false advertising claims.
In January 2021, two California residents sued Subway, alleging that the company misrepresented its tuna ingredients. Subway denied these allegations, asserting that it serves 100% cooked tuna mixed with mayonnaise. That lawsuit was dismissed in July 2023, according to Reuters.
The Origin of the Latest Lawsuit
Tollison’s grievance began on August 23, when she purchased a Steak & Cheese sandwich from a Subway location in Jamaica, New York, after seeing a promotion on the company’s mobile app. She paid $6.99 plus tax, but upon receiving her sandwich, she found it contained “barely any steak.”
The lawsuit states, “If she had known that the Steak & Cheese sandwich contained substantially less meat than advertised, she would not have made the purchase.”
Her attorney, Anthony Russo of the Russo Firm, mentioned that his office has received complaints from other dissatisfied customers. The firm has experience with similar cases against major fast-food chains like McDonald’s and Wendy’s but acknowledges that such lawsuits can be challenging to win. “Many get dismissed,” Russo noted.
Russo also emphasized that the disparity between the advertised and actual amount of meat in the Subway sandwich is “more egregious than any other” case he has encountered.
Should the lawsuit proceed past an initial motion to dismiss, the next phase would involve allowing affected customers to come forward. A judge would then determine if there is sufficient evidence for class certification, allowing the case to move forward.
Russo explained that the primary goal of such lawsuits is to compel the company to cease its misleading practices. “The other part is financial restitution,” he added. “If someone feels cheated over a $5 item, their recourse is to get reimbursed.” Additionally, Subway may be liable for covering legal fees incurred by Russo’s team during the lawsuit.