In 2013 a class action lawsuit was filed against Subway. It was alleged that the "footlong" Subway sandwiches often measured less than a foot. Photographs were taken showing a sandwich next to a ruler and in fact the sandwich only measured 11 inches. The class action alleged that subway had engaged in a deceptive practice by advertising their sandwiches as a footlong, when in fact they often measured less than 12 inches

However the court refused to approve the settlement because the court felt that the settlement to the members of the class did not in anyway adequately compensate the class members for their losses. The court felt that the terms of the settlement only benefited the lawyers who filed a class action. The legal fees which the lawyers sought we're over half a million dollars.

The court described the lawsuit as "no better than a racket" because only the attorneys received any benefit from the settlement. The court characterized the settlement as "utterly worthless" to the average Subway customer, who received no benefit from what was essentially a "hollow" deal.

Subway did agree to undertake additional steps to try to ensure that most "footlong" subs will in the future measure in at 12 inches long. However, the Judge noted that "some sandwich rolls will inevitably fall short due to the natural variability in the baking process," The Judge ruled that "Common sense" would have told a customer that.