A Subway customer in New York is turning up the heat on the popular sandwich chain with a class action lawsuit claiming that Subway’s ads for its Steak & Cheese sandwich are more sizzle than steak.
Filed on October 28, 2024, in the Eastern District Court of New York, the suit argues that Subway’s promotional images exaggerate the quantity of meat served in its Steak & Cheese sandwich, giving customers the impression that they’ll get a sandwich overflowing with juicy steak. But according to Anna Tollison, the Brooklyn customer leading this legal charge, the reality is far from it.
In her complaint, Tollison claims the advertised steak portion on Subway’s Steak & Cheese sandwiches appears to be more than double the actual amount customers receive. She contends that the company’s flashy marketing tactics deceive customers into paying for a product that doesn’t live up to its glossy, meat-loaded photos.
Tollison even pointed out that her experience isn’t unique; she found several other customers online complaining about similar disappointments with Subway’s steak portions. The suit also hints that Subway’s Cheesy Garlic Steak sandwiches could be following the same misleading playbook.
But Tollison’s complaint doesn’t just focus on the missing steak; it tackles a larger issue that strikes at customers’ wallets. With inflation making grocery trips more painful, she argues that customers have been led to believe they’re getting better value than Subway’s sandwiches actually offer. She says this deceptive advertising has caused thousands of customers to pay more for less, claiming they’re unknowingly getting a raw deal.
This is not Subway’s first time on the hot seat over alleged false advertising. In 2021, the company faced a lawsuit in California, where two customers questioned the contents of Subway’s “100% tuna” claim.
Subway fought back, defending its tuna’s authenticity, and the lawsuit was ultimately dismissed in 2023. But Tollison’s attorney, Anthony Russo, says this case could stand out. Russo argues that the supposed gap between Subway’s promises and the actual Steak & Cheese experience is “much more egregious” than other cases he’s seen, making it potentially more challenging for the sandwich giant to brush off.
For Tollison and her lawyer, the stakes are high. First, the lawsuit must survive Subway’s expected motion to dismiss. If the court decides to move forward, customers who’ve had similar experiences will be invited to join the lawsuit, creating a path to class certification.
Should that step succeed, the case could either push Subway to alter its advertising practices or, if they lose, reimburse customers for what they paid and cover legal fees.
According to Russo, the case could serve as a message for major fast-food companies, potentially reminding them that their bold marketing promises are bound by the reality served to customers. Subway hasn’t issued a comment yet, but the outcome could nudge the chain—and others like it—toward more honest marketing for their classic sandwiches.
