The fda is investigating the episode. We're going to turn to the scandal on the subway. It turns out some of the foot-long sandwiches are coming in a bit short. And that, not surprisingly, has led to... See More
The fda is investigating the episode. We're going to turn to the scandal on the subway. It turns out some of the foot-long sandwiches are coming in a bit short. And that, not surprisingly, has led to a lawsuit against all the customers in new jersey. John muller has the story. Reporter: From the court of public opinion -- I think size matters. Reporter: To the courtroom. A new proposed class-action lawsuit is now accusing subway of deceptive advertising. Any regular footlong. Reporter: The controversy started with a quirky facebook photo in australia, showing a subway footlong coming up short at only 11 inches. This morning, two jersey men are aiming to take the world's biggest fast food chain to court. Saying short sandwiches are leaving them shortchanged. You add this up over time. This turns out to be 45 cents to 60 cents a sandwich, over six years. Reporter: The suifiled under the new jersey consumer fraud act, alleges it's a deceptive practice for subway to advertise its large sandwich as a footlong. When we questioned the head baker, he told abc news. They can get 12 inches out of the oven every time. Reporter: But the lawyers in the class-action suit said they had sandwiches from 17 new jersey shops measured. People say thise is about one inch and it may be frivolo frivolous. But companies should deliver what they promise. Reporter: We bought three footlongs our own from new york city. How did they measure up? Perfectly. All six footlongs were, in fact, 12 inches long. One of them, the meatball sub was a tad longer than 12 inches. Subway says they don't comment on pending litigation. Everybody's laughing in here. One plaintiff said he ate one footlong for six years. That's a lot of money at stake. It's anything but frivolous. Anything you say about this story can and will be used against you. Reporter: I'm still employed. Think of how many calories he saved. Oh. When I'm doing carpentry, i use a sub sandwich as my ruler. And this explains why nothing in my house is square. You can sue subway, as well. Let's go to sam and get some
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