Subway starts measuring 'footlong' subs in response to lawsuit

Subway is putting its "footlong" subs up to a tape measure to guarantee the subs are actually what they advertise: 12-inches long.

The sandwich chain proposed measuring bread, among other actions, in response to a 2013 class-action lawsuit alleging Subway engaged in deceptive marketing for its 6-inch and footlong sandwiches and served customers less food than they were paying for.

While it denies the claims, Subway announced a proposed settlement Monday. According to court documents, franchisees would be required to have a measurement tool in stores and adhere to regular compliance inspections that would include measuring a sampling of baked bread to make sure loaves are 12-inches.

Subway also said it would amend training materials and other communication that had "allowed for a small tolerance in the size of a Footlong sandwich."

Some of the proposed actions are already in place at Subway stores, including the use of a “measurement device” on bread, says Kristen McMahon, a brand spokesperson.

Subway to cease use of antibiotics in entire meat supply by 2025

Plaintiffs would not get any monetary reward as part of the settlement, though Subway agreed to pay attorneys' fees. The settlement has to be approved in federal court. A hearing is scheduled for Jan. 15, 2016.

Subway started gaining negative attention for the size of its sandwiches when a photo showing that a footlong sub measured closer to 11 inches went viral in 2013, leading to a series of social media postings by outraged customers measuring their sandwiches.

Subway maintains in the settlement agreement that due to variability in food production and the baking process, it "will never be able to guarantee that each loaf of bread will always be exactly 12 inches or greater in length after baking."