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Friday, January 25, 2013

Have You Ever Stuck Your Foot Long In Your Mouth?

English: fast-food in Peterburg. Russia.
English: fast-food in Peterburg. Russia. (Photo credit: Wikipedia)
         I originally had a heavy topic scheduled for today--part of the series that included gun control most recently and will move on to other possible causes of violent events--but something else came up in this week's news that has really annoyed me.  It's maybe not as important as the issues related to gun bans, but then again maybe it is equally important and in some strange way related.  Though my topic today may not seem all that heavy, it is long.   I'll try to keep it short though.

         Most of you have probably heard something about the controversy involving the Subway sandwich franchise and their foot-long sub sandwiches.   Apparently they don't always measure up as advertised.  The sandwiches may actually only be 11 inches instead of the advertised length of one foot.   Now the company is being sued for cheating us out of an inch.

         Subway restaurants came into existence well into my lifetime.  The origins of the business name come from the type of deli sandwich they specialized in--the sub or submarine sandwich.  When I was a kid I can remember sub sandwiches also being referred to as "foot-longs".    These types of sandwiches were also sometimes called torpedoes, heroes, grinders, hoagies, and other regionally related terms.  They were descriptively named because it was probably easier and more colorful than calling it exactly what it was.   "Foot-long" was really more of a description of appearance and had nothing to do with precise length.

          A spokesperson from Subway used this same defense.  "Foot-long" has long (sorry) been a term used to describe the appearance of something.   We have foot-long hot dogs and foot-long burritos.  I haven't measured either of these products and I personally don't care precisely how many inches they are.  It's a matter of how long they appear to be.  They are longer than normal and that means it's something that I'm going to stick in my face and get fatter by doing it--that is if I eat too many feet worth and don't exercise properly.  But let's face it, an inch or a fraction of an inch isn't going to mean that much to my stomach.

        Okay, so maybe there's some false representation at hand when they advertise 6 inch or 12 inch subs and they should stop citing measurements if those aren't the lengths they are delivering.  I remember back in the 70's when I used to eat at a sub deli that advertised 13" subs.  I never even thought to measure them because they looked fine to me and they tasted great.  But if they were not really 13" subs then maybe advertising them as such was wrong because they were actually providing dimensions in the description.  I don't care that much about it though.  I have more important things to think about.

       So what do we do?   Start taking scales with us to fast food joints to make sure Quarter Pounders really are what they say?  But then we have to consider whether the weight is precooked meat weight or what the sandwich actually weighs as presented to us.  The legal disclaimers these companies have been required to draw up give us that information, but how many of us really study it and keep track of all of it.  When I'm hungry I just want to eat and I'm not interested in sitting down with the fast food legal rep and entering into a contract of mutual understanding of what I'm having for lunch.

         Companies should not engage in deceptive false advertising, but neither should consumers be looking at the advertising through the eyes of absolute literalism to the point where they don't recognize hyperbole and the cosmetic tactic of making things have optimal appearance when depicted in advertising.   I've never gotten a hamburger that looks  like the ones they show in television commercials.  Why don't we sue Burger King for giving us crappy-looking smashed up burgers that look nothing like the advertising?  

        The subject of lawsuits is something I plan to address in various future posts.   I am no fan of lawsuits.  The issues with Subway should be mediated with the Department of Weights and Measures or whatever dumb government agency deals in trivialities such as the foot-long subs.  Why should lawyers be involved in this?   There will now probably be a class action lawsuit.  The economy draining attorneys will be lining their greedy pockets with undeserved cash.  You too can win if you've ever been duped into buying one of those foot-long Subway sandwiches.   If you are part of that class action suit you might be awarded something like a fifty cent coupon for Subway.  You can then go and buy one of Subway's new Long or Half-long sandwiches.

      Do you like Subway sandwiches?   Have you ever measured your sandwich before paying for it?   Have you ever gone to a restaurant that sold torpedo sandwiches and been upset that you didn't receive an actual torpedo?

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  1. I think some people have too much time on their hands.
    Yes, if they say a foot long, it should be a foot long. But hey, we're just talking bread here folks, and it never rises and cooks the same way twice.
    Sad that in the last twenty years we've become a country that just likes to sue people.
    And Subway is all right. Quiznos is good as well. And I eat at either of those places maybe once a year.

  2. I went into Subway whilst in LA, We now have them here also. I didn't measure the roll, I took it for granted it was the size they said it was. But hey! that extra inch if you eat them regulary think of the extra calories and weight.


  3. Who has time to measure their sub? Seriously? Why are people so ready to sue over silly things? I don't see this as advertising in a deceptive manner. It doesn't cause the consumer any harm.

  4. When I go to Subway I have 4 kids in tow and don't have the allotted time to measure each "foot" long; that's just silly. My 14 yr old has his half eaten before I even have mine ordered. Its fast food, I'm not going to be too picky. If I want a foot long to be precise, I guess I better make it myself at home then.

  5. They could have got round this dead easy by saying that when they say foot long they are in fact referring to a foot as in what we put our shoes on, so if you cant get it into you shoe without a lot of effort then it must be the same size as a foot.

    Thanks for the feedback on the comments by the way I think I have fixed it now. I hope

  6. The best way to buy a Subway sandwich is with double meat & double bacon. Mmmm .... then I order a fuLL sandwich which I eat half now, refrigerate, and then half later. I do the Chicken Bacon Ranch, (I think that s the correct name). No, now I think it has the word Melt in there too .... Yes, aLL four words.

  7. I agree with Alex - this is just ridiculous and frivolous and just plain stupid.

  8. Ha, agreed that this is silly.

    I am going into our local Subway with my yard stick next time. I may not get served and may also get on the banned list.

  9. People like to sue and hope they will make a killing with it. We occasionally have subs, especially whilst travelling, and whilst we don't eat foot longs any more, I wouldn't care whether it had an extra inch or not. We had subs last night and I joked we should measure to make sure they were 6 inches.

  10. Alex -- Lawsuits are one of the ways our country and economy is being destroyed. Everyone wants their piece of the pie.

    Yvonne -- A foot-long sandwich doesn't have to be precisely 12" in my thinking. It's a food product and they can be variable as a result of preparation.

    Ciara -- I don't think the company has any malicious intent to do harm to the customer, but I guess they may have to change the names of the sandwiches.

    Dani -- And good luck always coming up with an exact 12" sandwich at home. I'd think it might be even more difficult to do there.

    Rob --Businesses will have to start running every ad campaign under the legal microscope. They probably already do for the most part, but sue-happy people will always find a new twist on their money grabs.

    esb--- No double meat for me, the regular one is enough for me and I usually halve that and eat it over two meals. Double stuff is overkill for me these days.

    Karen -- Seems like there is always some absurd lawsuit in the works.

    Slamdunk -- Yeah, a yardstick could be used as a weapon. Try a plain 12" ruler--less intimidating. Or you could just carry a tape measure. Those can be useful for many things besides measuring foot-longs.

    Jo -- I'm sure sub measuring is becoming a pastime now. Apparently there are scads of pictures on Facebook showing subs against rulers.


  11. That is absolutely hilarious! I can't believe people sometimes! Anything for free money huh?! I have a friend that would end up getting in car accidents, or fall at work or someone's house and would call an attorney. she would milk it for all its worth and sue for as much as she could get!

  12. Oh, good grief. Don't we have more important things to worry about in this country that measuring our subs. I like Subway. I know the approximate size of the sandwich I'm buying and I'm happy with it. If I cease to be happy with it, I'll buy my lunch somewhere else.

    Doesn't that make more sense?

  13. I've eaten Subway before and never ever thought of measuring the length of the bun. Can you imagine someone standing at the counter with a ruler wanting to measure the buns to make sure they get one that is a foot long? If they find one that is less than a foot long, will they expect a reduced price for their sandwich? Oh my goodness!

  14. Lisa -- The lawyers are the real winners in something like this. The litigants get a coupon for a discount on another Subway sandwich. Subway gets more business when people use their coupons.

    LD -- As far as I am concerned Subway gives pretty good product value for the money. Have you ever tried to buy the ingredients to make a similar sub at home? It costs a fortune unless you're making enough subs to feed an army.


  15. Lee,

    Another good post. I didn't know this was going on with Subway. I think they make great sandwiches. I can barely eat the 6 inch one. I would certainly never go and measure one and complain if it wasn't exactly 6 inches. These people have too much time on their hands as someone else here pointed out. A lawsuit is a ridiculous thing when this country has much bigger problems.

    People are just sue happy here in the US these days - anything to make an easy buck. It must be hard for any of these businesses to stay in business when you have to get lawyers involved in anything you do so as to cover your butt for stupid stuff like this.

    As Lisa mentioned in her comment, I also knew a girl who would live on lawsuit money. She would always fall, or "hurt" herself, and then sue whoever it was, whether a business or homeowner. When that money ran out, she conveniently had another "accident."


  16. I used to live near a place that advertised 5 pound burritos. They were really good, but I never weighed one.

  17. I love Subway and I always get a "foot long." :)I'm with the majority who don't care if an inch is missing. When I consider buying something, I look at it, size up its contents, and decide if I want to pay the price for it. Advertising is never totally accurate or precise for anything.

  18. It's ever so slightly irksome that the Subway sandwich doesn't measure at a foot for the main reason that I love the heck out of Subway sandwiches so the more I get in my sub the better but like Alex says some people have way too much time on their hands. I never really taken the word "foot-long," to mean something that measures exactly a foot and would certainly never waste my time measuring my sub and complaining about it, some people need to catch a grip in all honesty at times haha.

  19. Unfortunately, we are dealing with the same legal system that allowed a woman to sue McDonald's for her coffee being TOO HOT. They agreed and she won that lawsuit. When you are dealing with legal absurdities, I don't really know how Subway can win this one. Even if they said that the bread was a foot PRIOR to being baked, WOULD IT MATTER? Or that this customer got one of the few foot longs that was not actually a foot? I have my doubts.

    No, I have never measured my sandwich. What annoys me more when I go into one of these franchises is when they try to skimp on my toppings. Seriously? Those things cost PENNIES when bought in bulk. I am not going to measure my bread, but I do expect more than a "thin film" of tuna if that is what I ordered. And then I want actual toppings to go on my sandwich. I have come *thisclose* to saying something more than once when I order tuna (of lack thereof)... and about the meagerness of my toppings.

    Just fix me a sandwich that YOU would want to eat. If you can do that, it will all be good.

    On the flip side, have you ever noticed that they love to slather it in condiments? What is up with that? I have watched them skimp on the "good stuff" customer after customer and then douse the sandwich in mayo, mustard, vinegar, oil, etc. Not MY sandwich, but OTHER sandwiches.

    Disclaimer: Not every Subway is like this... just some of them.

  20. Sunni -- Some of the things people sue about are absurd. I will eventually doing a post on the topic of lawsuits in general.

    Matthew -- I also hope you never ate a 5 lb burrito by yourself. That is more food that I think I could have ever stood in one sitting.

    Anita -- Advertising latches on to slogans and catchy names. A foot long whatever or another sounds better than an 11 5/8" one.

    Yeamie-- If the sandwich fills me up and satisfies my craving then you can call me happy and there's no precise measurement for happiness.

    Robin -- The Subways I've been to have been pretty good about the way they assemble the sandwiches. The only condiments I ever get on mine are oil and vinegar and salt and pepper. I never go for mayo or mustard so I haven't had that experience. I've heard people ask for more toppings if they felt like they didn't get enough and I've done it myself. But usually the amounts are right for me. I think I'm going to be having Subway today after thinking about it so much.


  21. The class action lawsuit is already underway.

    I think the problem in this case is that Subway has made such a big deal of the length, not just advertising a "foot long" but advertising their 12" and 6" sandwiches. No one else is doing that, so it means that Subway has to provide what they say they are providing. To make matters worse, in the sampling cases that have happened since all of this came to light, -none- of Subway's sandwiches have actually come out to be 12" long. Many of them are barely over 10" long. At that point, they are actually advertising a product that they are not delivering. I do think they should be held accountable for that, but I also think a class action lawsuit is rather absurd.

    It's the kind of thing where Subway should have responded instantly by giving away a free sandwich to anyone who thought they may have been gypped. That would have driven lots of business into their stores.

    Just fyi, McD's does say the Quarter Pounder is a pre-cooked weight.

  22. Eleven or twelve inches, does it matter? The extra inch will mainly bread and some sauce. I always tear off the bread ends anyway.

    Is this really something that will hit the court system??

  23. Ugh, this appeared on my Twitter feed so I decided to check it out. I always hate when something like this pops up in the news because it brings out the law "experts" on the internet.

    First off, Subway advertised a specific size of sub sandwich. If you advertise something as a "foot long" then, it is required to be a foot long. So how does McDonalds get away with a "Quarter Pounder"? Look at the little text under the pictures they advertise and it reads, "A quarter pounder refers to the weight pre-cooked." I remember the Drew Carry show have a running gag about Drew attempting to sue McDonalds for this very reason.

    Another company, not too long ago, had a similar issue brought to court against them. This company, I'm sure you're all well aware of. They are the Heinz corporation.

    In the mid 90's, a California man realized that a Heinz bottle of ketchup didn't contain the advertised amount of ketchup that was advertised to be in a bottle. A class action lawsuit was brought and the result was for an entire year, Heinz had to overfill their bottles of Ketchup by 1% and they had to pay $180k in Civil penalties.

    This should be the same type of outcome that occurs in any case brought against Subway. They should be required to make their subs have an extra inch for X amount of time and any civil penalties go to the lawyers who pursued the case. Usually these penalties cover the work put into the case.

    The point of this is CONSUMER PROTECTION. Sure, 1 inch may seem trite, what happens when it regularly turns into 2 inches, then 3 inches? Each time the company lops off an inch it's savings in their pocket. It's false advertising, plain and simple.

    Lets put this into other, non food related situations.

    What if they price of gas drops by 1/3 but suddenly a gallon of gas is 1/3 less. Then they try to tell you that the standard of 1 gallon is a pre-refined amount?

    People would be in an uproar.

  24. Now, one commenter brought the McDonalds Hot Coffee incident. Please, please, please look into this incident. Watch the documentary called "Hot Coffee" and you will see WHY that lawsuit was 100% justified.

    Corporations have unfortunately brainwashed you to believe the lady involved in that lawsuit is some money grubbing ambulance chaser who went after a corporation for something "trite" and this isn't the case.

    She was a passenger in a parked car, she had just gotten the hot coffee from the drive through and she was removing the top so she could add her milk in sugar. The top popped off and the coffee spilled causing severe burns to her groin and legs WITHIN seconds.

    She initially tried to work with McDonalds to get them to pay only medical expenses, WHICH THEY REFUSED. She was seeking approximately $18,000 to cover medical expenses and lost income from the incident. McDonalds offered her $800. She hired a lawyer who eventually offered to settle, pre-trial for $90,000.00 they refused. As trial got closer, they offered to settle for $300,000.00 and a mediator suggested McDonalds settle for $225,000.00 and again. McDonalds refused.

    In the end? The jury felt McDonalds was 80% responsible and the defendant was 20% responsible. They awarded her $200k which was reduced by 20% so she got $160,000 in compensatory damages.

    Then they awarded Punitive Damages. What are punitive damages? Punitive damages is money awarded to ensure the defendant and others reform their policies and don't engage in similar conduct.

    They decided to award the plaintiff in the case 2 days worth of McDonalds coffee revenue which came to $2.7 million dollars. The judge reduced this amount to $480k and between punitive and compensatory, McDonalds and the plaintiff settled for less than $600,000.00

    What did we get out of this?
    -Coffee served in better containers less likely to pop open and spill.
    -Coffee served to order where the employee adds things like sugar and milk so you don't have to risk opening and spilling the coffee.
    -Coffee served at a reasonable temperature.

    I really hate it when people bring up the "Hot Coffee" incident and talk about the millions they were sued for and how ridiculous our country is toward frivolous lawsuits. Sorry, but that's corporate brain washing in support of torte reform so that corporations can get away with whatever they want and not be held liable for anything.

    It's a terrible travesty.

  25. Actually, if this is the headlines, it’s a pretty good day. I find the whole thing rather silly. Have you ever been sued or tried to sue somebody? It’s amazing what can and cannot work in an actual courtroom. This type of sensational ‘life is not fair’ suit, clogs up the system and only help to keep real justice from being meted out.

    Has nobody heard of voting with your feet? If you don’t feel Subway ‘plays fair’ go somewhere else. It’s the quickest way to make them change their tactics. It’s only because the world is ‘buying it’ that they keep dishing it out.

  26. Andrew -- I am not as concerned by a minor bit of hype about inches as the furor raised by the usual sorts of cretins who are really interested in the lawsuit more than any actual sense of justice. I'm used to advertising hype having heard it all my life--and I still even fall for it sometimes. Let's face the reality--the people wanting to turn this into a legal case are most likely not concerned consumers seeking a righteous result, but opportunists looking for a windfall--and there's a good bet most of those are lawyers.

    Today I went to my local Subway to get a foot-long much as I do at least once a month. Today's looked the as always and upon measuring it (yes, I succumbed to the absurdity) found it to be almost precisely 12". It was tasty, filling, and I felt I got my money's worth.

    Meanwhile my daughter on the eastern coast in NJ got a foot-long for herself and a 6" for her young niece. She too put it to the measurement test and came up with the advertised lengths of 12" and 6". She sent me a photo of my very satisfied looking 4 year old granddaughter chowing down on her sub as well. No dissatisfied customers among us.

    You make the claim that many of the sandwiches (you don't say if this is personal experience) are less than 10". Do you have evidence? They've always looked the same to me and reminiscent of what I've always considered to be a "foot-long" sandwich. If you cite photos on Facebook or the like, I'll bet you that I could take a 12" sub and mush the ends to turn it into a 10" sub. Bread is not that difficult to manipulate. Likewise bread size can be flawed in it's manufacture.

    Bottom line is that this is not rocket science. This is not like components in building something where dimensions must be accurate for proper assembly. It's a sandwich. You're gonna stuff it in your craw and end up eating more than you should have in the first place. Or you might split it with someone else or make two meals of it and it's still enough to provide you a satisfactory eating experience. If it's not then don't go to Subway. But for gosh sakes don't go suing them for something stupid. It's not like they made bologna out of contaminated rat meat.

    Advertising is geared toward absurdity in many cases. Once we've gotten so precise in all advertising then our society is going to become pretty dry and sterile.

    And yes I'm aware of the stated precooked weights stated at McDonald's and most other places. When's the last time you requested that they allow you to weigh your portion of meat before they cooked it for you? I just want the dumb hamburger to be delivered to hungry me so I can have a few tasty bites and then disgustingly eat the balance with a regret of having order the gross thing. What can I say? I'm a sucker when I'm hungry.

    Another great comment, Andrew, and once again you've got my mind working to come up with another post related to this topic (yes I've got more to say than what I've just said).

    Next Friday I'm going to continue with more of this silliness (wait until you hear it!) and postpone those other posts I keep postponing. Now I wish I didn't have something scheduled for next Monday and Wednesday.

    Love the comment, bro! Thanks as always. You get my mind working.


  27. I have never thought to measure the sandwich. We use to go to a local amusement park where lunch was always their foot~long hot dogs....hmmmm now I wondering if.....:0/
    Great post.
    blessings, Joanne

  28. Susan -- I'm afraid it's already hit the court system and I think in more than just the U.S. This thing has gone international. You'd think there must be something more important happening elsewhere, but I guess not.


  29. Ash -- Thank you for stopping by with your extensive and informative comment even though you haven't convinced me of anything. I take it that you must be a lawyer or have some special interest in the legal profession. Me? No sympathy or defense for lawyers pursuing this type of "justice" or most other types of "justice" for that matter. People in the legal profession are in business and whatever it takes to up their bottom line is the name of the game.

    You speak of "experts" with the insinuation that I am posing as such with my post. I will admit that I am no "law expert" and have made no claim to be. However I am an expert in Subway sandwiches having eaten many hundreds of them over the past 30 years at Subway stores throughout the country. I don't have a degree in sandwichology but I feel as knowledgeable as anyone else with my experience. I like the sandwiches and the only problem I've ever had with the size is that a lot of times they're too big and I can't finish them. Thank goodness they weren't an inch longer.

    No one is going to convince me of the self-righteous legal argument and claim lawyers deserve the millions they get for this garbage. Why do they keep pursuing these types of cases? Please don't tell me that they are pursuing truth, justice, and the American Way. Maybe it's the way of New World Order Amerika but it's not the way I want to see it.

    There's still room for P.T. Barnum I hope and a bit of outrageous advertising. If you want to take up a righteous cause then teach Americans not to be idiots. Consumer protection my foot-long!!

    In any case, I don't want to show my hand too much. I've got a post prepared that eventually I'll get up here on this site. In it I'll give my thoughts about the lawsuit issue and what I think would be a sensible solution. I assure you the solution won't include cushy attorneys working out of plush offices to steal from businesses and the taxpayers.

    Lawsuit happy is what our entitlement minded populace has become. Everyone wants a piece of the big pie and they want it spoon fed to them.

    Foot-long sandwiches--that's what they used to call them when I was a kid before there was ever such a thing as Subway. I don't know exactly how many inches they were but they looked like they were about a foot long, but nobody cared. They also reminded someone of a submarine. Don't know when they got that name but foot-long submarine was a pretty descriptive term for the sandwich. Welcome to the world of advertising. A heck of a lot more fun and productive than the world of litigation.

    Hope you'll come back to visit often. I love good substantial comments!


  30. Faraway-- There you go! A solid practical solution that really works. I've been a Subway customer for many years and never thought to measure the darn sandwich. I like the sandwiches. And you are so right about the legal system. It's like a massive clogged toilet filled with--well, you know,--lawyers and all the stuff that comes with them.

    Joanne -- Yeah, I know, are the foot long hot dogs really twelve inches? They call the sandwich a "Big Mac" but it doesn't look all that big too me. What is "big"? Advertising terms, hyperbole, tasty terminology--can't people just get it and accept it?

  31. The "Law Expert" comment is more targeted toward people like Robin when they talk of "legal absurdities" and the hot coffee incident.

    There was a deliberate anti-lawsuit campaign from the corporations to paint the events that occurred in Liebeck vs McDonalds to turn public opinion in favor of Torte Reform.

    We unfortunately allowed ourselves to be brainwashed to believe lawsuits hurt capitalism to such a degree that we did far more harm in giving up our rights than the Patriot Act could ever accomplish.

    Another commenter mentioned they went and got Subway since the incident and their subs came out to 12 inches. Well, the same thing occurred in the Heinz Ketchup case. As soon as attention was brought to the situation, Heinz quickly remedied it hoping it would just go away.

    What it comes down to is consumer protection. Everyone goes nuts when they discover some hidden fee that's being charged. This is the same concept only instead of a hidden fee costing you more, they charge you the same and provide less service/product.

    In the end, if the lawyers win this suit, they won't be flush with money and never have to work again. That's not how lawsuits of this nature work. The judge will come up with an amount that compensates the lawyers for their time and Subway will be forced to increase the size of their subs for a temporary amount of time.

    It's not as if the lawyers are going to walk away multi-millionaires and the people who bought subs are going to walk away with a free sub coupon.

    Also, I'm not a lawyer, I'm just a life long learner.

  32. It's not 12 inches? All the people trying to lose weight by eating Subway should thank them. That just saved them 50+ calories.

    Otherwise - get real, people! There are real issues out there that need to be addressed, and you are worried about a Subway sandwich?

  33. Ash-- Tort reform is desperately needed in our country. They say it's not about the money, but it's always about the money, don't try to kid anyone. I was the commenter who said about getting the 12" sub today--it looked like it's always looked and actually tasted better today, but maybe I was just hungrier. There are a lot of very rich attorneys out there as well as many who aren't making it. Some are just better business people than others and some others are just devious crooks. Every class action suit I've signed onto has reaped me a token coupon or a miniscule check that was barely worth printing. I too am a life long learner--I've been learning all my life and I'm guessing my life has been longer than yours. Not that it means anything in particular, but I'm just responding to that claim. Thank you for diligently following the conversation. You are a rare gem among those who comment on blogs.

    L. Diane - Yeah, remember the fat guy who got all the publicity for losing all the weight eating Subway sandwiches and then became a company spokesman. He probably cut off the useless bread ends to reduce caloric intake.


  34. I love Subway and like you I remember the foot-long hot dogs. Once I measured one and it was no where near 12 inches, about 10 inches actually. Big deal. I can't believe this lawsuit even has merit.

  35. My theory is that it's as long as the founder of Subway's foot, which was approximately 11 inches.

  36. Give me a chance to Stooge-poke those twits in the eyes and then they won't have to worry about it. When I first heard this ridiculous lawsuit was actually coming about I thought how incredibly petty we have gotten as a society. My parents would have whipped my ass for being that petty...hey, maybe these nitwits need to be stockaded and have their asses whipped. Just a thought as a penalty for bring about frivolous lawsuits like this.

  37. Honestly, I don't think I have ever thought of measuring my Subway sandwich. It looked approximately 12" long and it tasted great, so I ate it. Some people need a hobby, then they won't have time to measure sandwiches and sue companies. Let's face it, if these individuals win the lawsuit, then my sandwich price is going to go up. :(

    Compelling post!

  38. First, I missed the change to the new theme, but I like the new look.

    Second, when I first heard about this story, I felt somewhat cheated initially. Then I thought about it and realized that no one really gets a 1/4 pound hamburger from McDonalds or Burger King and that most burger joints measure those things out before they cook them so you get less than what you've been told. I've never thought much about the size of a foot-long sub; truth be told, whenever I've polished one off I've wanted to smack myself in the face because it's too much food in one sitting anyway; product of age. lol

    As long as it tastes good, I'm a happy camper.

  39. Personally, I don't actually care about it. If I did, I would have been measuring my sandwiches long ago. Not that we eat out much, and, when we do, it's rarely fast food. I might have head Subway once in the last two years.

    The measuring statistics I cited were from an article I read that had some kind of professional people out doing measurements at the point the story broke (before Subway had a chance to react, I suppose). I didn't keep the article link, though, so I can't link it to you. Virtually none of the sandwiches reached 12", and a significant portion were under 11".

    I was just stating the issues in the case as objectively as I could. Subway did cause a problem for themselves by advertising the 12" length instead of just sticking with "foot long." It also makes it worse in many ways that they operate on a franchise basis.

    If I thought Subway was purposely making the sandwiches shorter to save money, I would be upset, but I don't think that's what was happening. At least, not on a global scale. Some of the individual franchises -may- have been doing that, especially the ones that were running closer to 10", but I have no way of knowing that. I also don't know how they go about cooking their bread, so I don't know how or why the loaves would not measure up.

    I'm also sure the class action lawsuit was prompted by a lawyer or lawyers, because the individuals in a case like this don't get enough to make it worth it. The lawyers will, though.

  40. Karen -- Foot-long hot dogs never looked 12" to me. Not like the Subway subs.

    Missed -- The King of Subway using the Royal Foot of measurement. I just hope he doesn't put his feet on my sandwiches.

    Chuck -- I'm with you on that, Chuck. Somebody needs to put these people back in their proper places and it ain't the courtroom.

    Shah -- Thieves can't make as much money from hobbies as from stealing from corporations and ultimately the customers.

    Mitch -- I agree with the too much for one person and yet I'll usually finish the whole darn thing in one sitting. My biggest gripe about the burger joints is that those delicious looking burgers in the advertisements are never what I actually get. Now that's dishonest advertising.

    Andrew -- It's that thing about the lawyers that really irks me. If it were merely a matter of correcting the problem that would be one thing but they are going to be looking for a settlement in the millions. There can be so many variables in making a sandwich and I wouldn't want every sandwich to be exactly the same. We get enough "plastic" food. I'd rather have a sandwich like I'd slap them together in my own kitchen. Actually Subway does it better than that. And I do eat at Subway at least once a month or more. It's relatively inexpensive, tasty, and I think more healthy than a lot of other fast food options. The $5 Foot-long promotion is a pretty good value compared to a lot of other places.


  41. Hi Lee - you've some long comments here - and people taking businesses or people to court for questionable reasons seem to be time wasting and money grabbing to me ...

    I hate it - and it irritates - makes everything go up in price ..

    Cheers and have a good weekend .. Hilary

  42. Too many idiots. Too many lawyers. Too many lawyers listening to the idiots and wanting a piece of the pie. Or the sandwich.

  43. Ever since Gandolfo's made the scene, I never went to Subway again, unless it was the only choice on a road trip, or something. :)

  44. I like Subway for their convenience, but I can make a better sandwich at home. Financially, it's a better deal to get them at Subway, though. It costs a lot of money to get the same ingredients to make the home sandwich.

  45. Hilary - Not sure how much the lawsuit payouts affect prices, but I can't help think that they do. Positive changes may come about from the suits, but I think that could be achieved without a certain few reaping big financial rewards stolen from the backs of corporations.

    Carol --Everyone wants to win whatever lottery they play. I just wish the lawsuit happy folks would just stick to the lotteries and casinos.

    David -- You lost me there. I'm guessing that Gandolfo's must be a rival sandwich store?

    Andrew -- You nailed it there, buddy. At times I've tried to make that better homemade sandwich--you're right it can be done better at home--but it costs a fortune and takes a lot of work when you tie in the grocery shopping and preparation and all. To me, Subway is one of the best fast food options out there from an economic and nutritional standpoint. And I think they fix a reasonably good sandwich most of the time.


  46. HI, Lee,

    LOOKS like people REALLY have nothing better to do with their time. I am with you.... I could give a .... about this. I might of had three subway sandwiches in my life, and that was because I was on the road. I don't touch fast food anymore because it is so full of chemicals and is TOTALLY unhealthy.

    This just goes to show you HOW LAWSUIT happy this country has become and continues to do so.

  47. I came back just to check in and see how Arlee responded to my comment. Then I noticed that someone else noticed that I compared this to the Hot Coffee incident that McDonald's went through, only insofar as to say it was also a "legal absurdity." They initially indicated just said I was wrong and why. But then had to come back and say something about "people like Robin" in a pejorative sort of way. That just didn't go over well with me. You can call say that I am wrong and why, but insulting me on a personal level... not cool dude.

    Here's the deal... I was actually content to let everything go with your facts and figures of why you thought they were right. But the truth is that I think America is Sue Happy.

    So, let's take another look at the McDonald's Coffee Case. What was she doing with the coffee in between her thighs? She knew it was hot. Really hot. It was fresh coffee that she just ordered. I would hope that she wanted it hot. Not lukewarm. Not even medium hot. Why wasn't it in a cup holder? Now, if her vehicle didn't have a cup holder, why didn't she Sue The Automaker for not providing what was surely a necessary item? It was due to the lack of a cup holder that she had to put the coffee in between her thighs. That resulted in burns. Apparently, really terrible burns according to what you cited above in your comments, so she should have at least Considered suing them. Or did she have a bunch of crap in her cup holders, so she couldn't put a cup in them? (Uh oh, the blame would fall back on her in that event, wouldn't it?) Ergo, she had to put a HOT cup of coffee close to her privates where no cup of coffee belongs. Now, we all have to ask the Hard Question. Who really is at fault here?

    Where does common sense prevail? If Subway loses their lawsuit, will people start carrying scales and measuring tapes into every restaurant hoping for a quick buck?

    Here is what I know: We are a nation that likes to sue. I was once on a date (a one-time date, I assure you) with a fellow and we were in the car heading back toward home. We were in what could have been an accident. Someone came up on us fast from behind, but they did stop in time. He was watching them in the rear view mirror and he says to me as they were approaching, "If they hit us, no matter what how you actually feel tell them you're hurt real bad. Terrible neck pain. Can't move you're neck. We're gonna sue the pants off 'em." I just looked at him like I'd seen an alien. What is this foreign creature I was thinking? And then I realized this creature is "America." The land of the people who sue whenever and wherever they can. If they need it or not. If they are hurt or not. Just because.

    Please think twice before you insult another blogger by using a phrase "people like Robin." You don't know me. You don't know anything about me. And this blog isn't a place to attack other bloggers. If it is, then people will stop commenting. You see, I don't know you. I don't know that you are right or wrong in your assessment of the McDonald's situation. I know that you have a strong belief about it. I respect that. And even if I disagree with your opinion, I would never single you out if I was doing so to criticize or belittle something you said here.

    I apologize, Arlee, for taking up so much space in your comments with my rebuttal on legal absurdities... and the other stuff.

    I conclude with one of the best scenes of one of the best movies EVER.

    One of my favorite movies: AND JUSTICE FOR ALL.

  48. Lawsuits are sometimes necessary to keep some folks from taking advantage of other folks. But, this one - Subway -- is nonsense in my opinion.

    There is so much injustice in the world and in my opinion, it's not bread that doesn't bake to 12 inches. I don't feel cheated.

  49. Hey Lee! I think this whole thing is idiotic! I don't eat at any fast food place, I'm sure the sandwiches at subway are fine though. Who brings a ruler to lunch?
    You have an award waiting over at my blog.

  50. Hi Lee! I must say, this is the first I have heard of this controversy. It does seem a bit menial, at best...but then it takes all kinds. I have certainly never measured or weighed anything purchased at a restaurant to test them at their word. I'd rather enjoy the meal!

    I am trying to get the blog back up and running after a LONG hiatus, so hopefully I will be in good shape for the A to Z challenge in just a couple months!

    God's blessings to you!

  51. I love Subway! I am not going to eat there anymore. I think they cheated the customers. Thanks for writing about it. I will be joining the A to Z challenge this year. I participated in 2011 but lost internet during last years A to Z challenge.

    God Bless you,

    Crystal (AKA) Imogen

  52. Michael-- You have wise eating habits. Unfortunately I eat a lot that's bad for me.

    Robin -- You can take space on my blog anytime. You leave great comments. Hope you will check out the absurd response I'll have to this topic next Friday February 1st. Oh, I'll have to watch that movie again. I saw it when it first came out and loved it, but that was over 30 years ago.

    Teresa --It seems lawsuits have become more about big payouts than anything else and that's what disturbs me the most.

    Eve -- I'll be over to check about the award as soon as I can.

    Trudy -- Good to see you back in time for A to Z. Thanks for the comment.

    Imogen -- Let's hope your internet is intact for this April's Challenge.


  53. In the end all of the hype will be good for business. I won't be surprised if Subway is already working on ad campaigns promoting 13 inch subs, because they're willing to give an inch.

  54. Someone may have already said this (too many comments to read), but this came up at work, so when I saw your post I figured I'd echo my office comment here (even thought your post essentially captures my opinion)

    Anyone who goes to Subway ONCE and files a lawsuit...has a right to squander their time in a lawsuit, although I think the damages awarded should be limited to an additional 3/4" of sandwich roll and meats/cheeses.

    40% of which will go to the attorney (that's 0.3" of sandwich for the lawyers)!

    Any repeat customer was obviously satisfied with the value they received for the consideration they provided and needs to get a life.


  55. Julie -- As they say any news is advertising (or whatever it is they say). This post alone probably sold a few sandwiches for Subway.

    Larry -- I guess that's no money for anybody and compensation for damages paid in product. I'm sure the lawyers will be thrilled with that solution even though it's all they deserve.



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