Judge gives preliminary approval to Subway sandwich-length settlement
A federal judge in Milwaukee has given preliminary approval to a settlement in consolidated litigation that contended some Subway sandwiches failed to measure up to touted foot-long and 6-inch lengths.
Subway franchiser Doctor’s Associates has agreed to quality control measures to help ensure the bread sold to customers is the proper length, report the Wall Street Journal Law Blog and the Milwaukee Journal Sentinel. U.S. District Judge Lynn Adelman preliminarily approved the settlement earlier this month.
Nine name plaintiffs could receive up to $1,000 each. The total payout, including attorney fees, won’t exceed $525,000, according to the terms of the deal.
The settlement covers only injunctive relief and does not bar individuals from suing for money damages, lawyer Thomas Zimmerman of Chicago told the Journal Sentinel. He is one of the lead plaintiffs’ attorneys.
A Subway press release said that its sandwich bread is all the same weight, but the length can vary based on rising, baking and other variables. The statement says the court did not make any findings that the company’s sales practices were improper or unlawful.