Two New Jersey men sued Subway this week, claiming the world's biggest fast-food chain has been shorting them by selling so-called footlong sandwiches that measure a bit less than 12 inches.

The suit, filed Tuesday in Superior Court in Mount Holly, may be the first legal filing aimed at the sandwich shops after an embarrassment went viral last week when someone posted a photo of a footlong and a ruler on the company's Facebook page to show that the sandwich was not as long as advertised.

At the time, the company issued a statement saying that the sandwich length can vary a bit when franchises do not bake to the exact corporate standards.

Stephen DeNittis, the lawyer for the plaintiffs in the New Jersey suit, said he's seeking class-action status and is also preparing to file a similar suit in Pennsylvania state court in Philadelphia.

He said he's had sandwiches from 17 shops measured — and every one came up short.

"The case is about holding companies to deliver what they've promised," he said.

Even though the alleged short of a half-inch or so of bread is relatively small, it adds up, he said. Subway has 38,000 stores around the world, nearly all owned by franchisees and its $5 footlong specials have been a mainstay of the company's ads for five years.

DeNittis said both plaintiffs — John Farley, of Evesham and Charles Noah Pendrack, of Ocean City — came to him after reading last week about the short sandwiches.

DeNittis is asking for compensatory damages for his client and a change in Subway's practices.

The Milford, Conn.-based firm should either make sure its sandwiches measure a full foot or stop advertising them as such.

He points to how McDonald's quarter-pounders are advertised as being that weight before they are cooked.

Subway did not immediately return a call to The Associated Press on Wednesday.

___

Follow Mulvihill at http://www.twitter.com/geoffmulvihill

Also on HuffPost:

Loading Slideshow...

  • They Handle Food That Isn't Really Food

    One <a href="http://www.reddit.com/r/AskReddit/comments/w2sv3/fast_food_workers_of_reddit_what_is_the_one_menu/" target="_hplink">Reddit user claiming to be an ex-McDonald's worker</a> said he once left a bag of chicken nuggets out on the counter for too long and "they melted. Into a pool of liquid." That didn't stop him from loving the nuggets, "still delicious," he wrote.

  • Fast Food Companies See Huge Profits On The Backs Of Low-Wage Workers

    More than <a href="http://www.nelp.org/page/-/Press Releases/2012/PR_MinWageCorpProfits.pdf?nocdn=1" target="_hplink">60 percent of low-wage workers</a> are employed by big corporations, according to a July analysis by the National Employment Law Project. And more than 90 percent of those companies were profitable last year.

  • Fast Food Workers Are Unlikely To Get Paid Sick Days

    For 40 percent of private sector workers, <a href="http://articles.baltimoresun.com/2012-11-28/news/bs-ed-sick-leave-20121128_1_sick-days-care-workers-service-workers" target="_hplink">taking a sick day</a> and still getting paid isn't an option, according to the Baltimore Sun. Fast food workers are especially likely to be part of that 40 percent.

  • The Boss Can Threaten To Take Workers' Health Care Away

    Many fast food workers saw their health benefits put at risk this year, if they even had them at all. <a href="http://www.huffingtonpost.com/2012/11/09/papa-johns-obamacare-john-schnatter_n_2104202.html" target="_hplink">Papa John's CEO John Schnatter</a> said he would likely reduce some of his workers hours so that he wouldn't have to cover them in response to Obamacare. Jimmy John's founder, Jimmy John Liautaud told Fox News in October that <a href="http://www.foxnews.com/on-air/your-world-cavuto/2012/10/16/jimmy-johns-founder-business-owners-unsure-future" target="_hplink">he would "have to" cut workers' hours</a> so that he wasn't forced to cover them under Obamacare.

  • The Average Hourly Pay At Many Fast Food Eateries Is Less Than $8 An Hour

    The average hourly pay at McDonald's, Wendy's, Burger King and Taco Bell is less than $8 an hour, according to <a href="http://www.cnbc.com/id/50015355" target="_hplink">salary data cited by CNBC</a>.

  • McDonald's Grew During The Recession

    McDonald's had <a href="http://www.slate.com/articles/business/moneybox/2009/08/who_won_the_recession.html" target="_hplink">higher sales growth in 2008</a> than in 2006 or 2007, opening nearly 600 stores that year, according to Slate. The chain was able to take advantage of Americans' recession tastes: Cheap, convenient food.

  • The Median Age Of A Fast Food Worker Is 28

    As more workers fight for limited jobs, many older employees are gravitating towards the fast food industry. The median age of a fast <a href="http://www.theatlantic.com/business/archive/2012/11/mcjobs-should-pay-too-its-time-for-fast-food-workers-to-get-living-wages/265714/" target="_hplink">food worker is 28</a>, according to Bureau of Labor Statistics data cited by the Atlantic. For women, who make up two-thirds of the industry's employees, that age is 32.

  • Labor Leaders Rarely Try To Unionize Fast Food Workers

    Fast food worker's went on strike in late November in New York City, showcasing a rare effort to organize the industry's workers. Labor leaders often don't make an effort to organize these workers because the high turnover makes the challenge daunting.

  • Fast Food Workers Are The Lowest Paid Workers In NYC

    For all their work, fast food workers get very little dough. The lowest paid job category in New York City is "Combined Food Service and Preparation Workers, Including Fast Food," according to Bureau of Labor Department Statistics <a href="http://www.salon.com/2012/11/29/in_rare_strike_nyc_fast_food_workers_walk_out/" target="_hplink">cited by Salon</a>.

  • The Average Pay For A Fast Food Worker In New York City Is $9 Per Hour

    Fast food workers in New York City make an <a href="http://blogs.villagevoice.com/forkintheroad/2012/11/fast_food_forward_strike_nyc.php" target="_hplink">average of $9 per hour</a>, according to the Village Voice. That comes to about $18,500 per year for full-time workers.