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The Bob Cesca Podcast: An Elderly First Offender

4
Anymouse 🌹🏡😷6/11/2024 2:08:36 pm PDT

I’ll respond to the Subway claim made in the last thread, then leave off.

I don’t get all the caping for corporate lying.

re: #136 Eclectic Cyborg

Just like the idiot who sued Subway because his footlong was not exactly 12 inches long.

Not an idiot. False advertising.

Subway settled out-of-court with the class for $500,000 (because they were guilty) and even set up a Website at the order of the court to explain the action (now down as the term of the lawsuit has expired).

Forbes at the time called the case weak and they were lucky to get anything. (Forbes tends to cape for businesses.) Doctors’ Associates (Subway’s parent company) claimed the bread dough in each sub weighed exactly the same as their defence, therefore they got the same amount of bread.

The lawsuit claim wasn’t about weight. It was about falsely advertising the length. “Foot” has a specific definition in US law. Subway claimed the bread was a foot (or twelve inches) in their advertising, not how much the bread weighed. Notably Subway did not show any bread was over a foot (so thy could at least try to claim it was average).

“About a footlong” doesn’t really have the advertising bite though. At what point would you argue a “footlong” is not a foot and therefore a viable claim?