A West Sacramento man has filed a lawsuit accusing fast-food giant Subway of fraud and false advertising in connection with its footlong sandwiches.
Richard Springer's suit, filed in the Eastern District federal court in Sacramento, makes a basic claim: Subway's touted footlong subs "are not one foot."
The action is the latest in a series of suits filed against Subway, which has been under fire for a week after an Australian man posted a picture on the company's Facebook page of one of its footlong sandwiches next to a tape measure showing it to be 11 inches in length.
The photo quickly drew more than 100,000 "likes," and Subway, touted as the world's largest fast-food chain with more 37,000 locations, has faced a blizzard of criticism ever since.
According to the suit filed Thursday in Sacramento, which seeks class-action status, Springer did his own research.
The suit says Springer, after seeing advertising on Subway's footlong subs, purchased one to eat on Jan. 16 at a Subway restaurant in Burlingame.
Problem was, Springer said, the sandwich came up an inch short of 12 inches.
The suit claims that Springer "suffered an injury in fact and lost money as a result of the deceptive and unfair conduct" of Subway.
The suit names the defendant as Doctor's Associates Inc., the Milford, Conn.-based owner of the Subway chain. It asks for a jury trial and relief for Springer and "all others similarly situated."
The Associated Press reported that Subway, in a statement Friday, expressed "regret" for "any instance where we did not fully deliver on our promise to our customers."
It declined to comment on lawsuit filed this week by two New Jersey men over the subs.
Subway officials did not immediately return calls from The Bee seeking comment.