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Subway Footlong Lawsuit: Chicago Man Slaps Sandwich Giant With Suit Alleging Delicatessen Deception

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 Subway, the world's largest fast food chain, is facing criticism after an Australian man posted a picture on the company's Facebook page on Jan. 16, 2013, of one of its famous sandwiches next to a tape measure that seems to shows it's not as long as promised. (AP Photo/Seth Wenig, File)
Subway, the world's largest fast food chain, is facing criticism after an Australian man posted a picture on the company's Facebook page on Jan. 16, 2013, of one of its famous sandwiches next to a tape measure that seems to shows it's not as long as promised. (AP Photo/Seth Wenig, File)

"Footlong" is more than just a name to one Chicago man—it's a promise. Now, Nguyen Buren is joining the ranks of dissatisfied Subway restaurant customers and suing the sandwich giant for failing to measure up.

After buying a footlong sandwich from a Subway restaurant near his North Side home Sunday, Buren alleged the meal measured less than 11 inches, reports the Tribune. The measure was evidence, according to his suit, that Subway has a "pattern of fraudulent, deceptive and otherwise improper advertising, sales and marketing practices."

The lawsuit was filed Tuesday in Chicago against Subway's parent company Doctor's Associates Inc. and seeks class-action status. The Sun-Times reports attorney Tom Zimmerman wants other unhappy Subway customers to join the suit, insisting they're owed a refund for the portion of the sandwich they didn't receive.

Speaking to CBS Chicago, Zimmerman said, “If this is sold as 12 inches in length, then it should be 12 inches in length. It’s no different than buying a dozen eggs and getting eleven."

Buren's lawsuit in Chicago was filed on the same day two Ocean City, N.J. men filed a similar suit over the short sandwiches. The lawyer for the two men is also seeking class-action status for their suit and said, per a previous HuffPost report, he's also prepping suits in Pennsylvania state court in Philadelphia.

The week before the suits were filed, the sandwich giant suffered a huge embarrassment after an Australian man posted a picture on the company's Facebook page that quickly went viral. The photo shows a ruler next to one of the Subway footlong sandwiches, clearly illustrating the footlong was anything but.

Buren's lawsuit seeks $5 million from the sandwich company. Zimmerman, meanwhile, said he's anticipating a talk with lawyers in the New Jersey case in hopes the East Coast suit will be withdrawn, paving the way for a move to federal court where all the suits can be combined.

The Tribune reported Subway released a statement Thursday pledging to ensure its sandwiches meet the mark in the future.

"We have redoubled our efforts to ensure consistency and correct length in every sandwich we serve," the statement said. "Our commitment remains steadfast to ensure that every Subway Footlong sandwich is 12 inches at each location worldwide."

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