Size Matters: Subway Sued Over Too-Short 'Footlongs'

Looks like all that fuss over Subway's 11-inch "Footlong" sandwiches won't be going away anytime soon; two New Jersey men filed a lawsuit Tuesday against the Subway chain for their alleged false advertising.

The lawyer, Stephen DeNittis, is preparing another similar lawsuit in Pennsylvania state court over the "deceptive practice for Subway to advertise its large sandwich as a 'footlong.'"

DeNittis claims he bought "footlongs" from 17 different shops, measured them all, and found that each one was less than 12 inches long.

"When you add this up over time, that comes out to be anywhere between 45 to 60 cents a sandwich over the course of six years," DeNittis told ABC news.

The backlash started when a photo on Facebook showed a Subway Footlong clocking in at around 11 inches, and while Subway has responded, the defense isn't looking very good. "'SUBWAY FOOTLONG' is a registered trademark as a descriptive name for the sub sold in Subway Restaurants and not intended to be a measurement of length," a statement on their Australian Facebook page said.

Other excuses involve baking inconsistencies,Subway claims that while it is commited to providing the same amount of bread for each sandwich, "the length however may vary slightly when not baked to our exact specifications."